IN THE CASE OF:	  

		BOARD DATE:	    2 October 2012

		DOCKET NUMBER:  AR20120005594 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to reflect his date of birth (DOB) as 17 April.

2.  The applicant states the DOB listed in his military record is incorrect and should be corrected to show the DOB listed on his birth certificate.

3.  The applicant provides a copy of his birth certificate in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) for 6 years on 9 March 1976.  The DD Form 4 (Enlistment or Reenlistment Document – Armed Forces of the United States) documenting this enlistment shows his DOB as 15 April in item 7 (Date of Birth).  The applicant authenticated this document with his signature on 9 March 1976.

3.  On 28 December 1978, the applicant enlisted in the Regular Army for 4 years.  The DD Form 4 documenting this enlistment lists his DOB as 15 April in item 7.  The applicant authenticated this document on 28 December 1978.

4.  On 27 December 1982, the applicant was honorably discharged in the rank of specialist five/E-5.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time lists his DOB as 15 April in item 5 (Date of Birth).  He again enlisted in the USAR on 28 December 1982.  The DD Form 4 documenting this enlistment lists his DOB as 15 April in item 7.  The applicant authenticated this document with his signature.

5.  Item 52 (DOB) of the applicant's DA Form 2 (Personnel Qualification Record – Part I) prepared on 7 July 1982 shows his DOB as 15 April.  All orders and other documents on file in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that contain a DOB list his DOB as 15 April.  On 27 December 1984, he was honorably discharged from the USAR.  There is no indication in the record that the applicant ever attempted to correct his DOB at any time during his military service.

6.  The applicant provides a copy of his birth certificate issued by the Puerto Rico Department of Health on 21 September 2010.  This document lists his DOB as 17 April.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 2 and documents and orders in the AMHRR would be the primary source records for information entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct the DOB listed in his military record has been carefully considered.  However, the evidence of record confirms the applicant enlisted, served, and was separated under the DOB of 15 April, which is the DOB listed on his enlistment and separation documents.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms his DOB will be filed in his AMHRR.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his AMHRR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120005594



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ABCMR Record of Proceedings (cont)                                         AR20120005594



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