BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120006303
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 2 October 1944 instead of 2 October 1946.
2. The applicant does not state a reason for an error or injustice in his military record.
3. The applicant provides a copy of his DD Form 214, Standard Certificate of Birth, and a response from the Department of Veterans Affairs (VA).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he was inducted into the Army of the United States on 26 April 1968. Item 5 (DOB) of his DD Form 47 (Induction Record)
and various other documents in his official military personnel file (OMPF) list his DOB as 2 October 1946. He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block.
3. On 24 April 1970 the applicant was released from active duty. Item 9 (Date of Birth) of his DD Form 214 reflects a DOB of 2 October 1946.
4. The applicant provided a copy of his Standard Certificate of Live Birth that was filed on 18 October 1944 which shows his DOB as 2 October 1944.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, during the period in question, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, discharge, or retirement. It states that for item 9, the entry was self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of 2 October 1946 upon induction into the AUS. This DOB is consistent with various documents in his OMPF throughout his period of military service. He authenticated several documents in his record by placing his signature in the appropriate block indicating this was his correct DOB. He did not use the DOB that he now requests to be documented in his records. Although his Standard Certificate of Birth shows his DOB as 2 October 1944, this alone is not a basis for affecting the change of his DOB in his OMPF.
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 Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his OMPF. 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 OMPF.
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 that 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) AR20120006303
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ABCMR Record of Proceedings (cont) AR20120006303
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