IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007786
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 show his year of birth as 1938 instead of 1937.
2. The applicant states his military record incorrectly shows he was born in 1937 instead of 1938. He states their house and all their belongings burned up. His mother signed for him to get into the Army and she must have put down the wrong date on the papers.
3. The applicant provides:
* Certificate of Birth
* Self-authored statement, dated 24 February 2012
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 applicant's military record contains a DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 1 February 1955, that shows he was born in Maryville, TN on 13 April 1937. His parents authenticated this document with their signatures verifying the information thereon.
3. The DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 18 February 1955, prepared during the applicant's enlistment processing, shows in item 13 (Date of Birth (DEB) the entry "13 APR 37," indicating his DOB as 13 April 1937.
4. On 18 February 1955, the applicant enlisted in the Regular Army. The DA Form 20 (Enlisted Qualification Record) completed upon his entry on active duty shows in item 6 (DOB) the entry "370413," indicating his DOB as 13 April 1937.
5. All of the documents contained in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that includes the applicant's DOB lists his DOB as 13 April 1937.
6. The applicant continued to serve throughout intermittent periods of active duty service until he retired on 31 August 1977 by reason of sufficient service for retirement. He completed 20 years and 15 days of total active service. The DD Form 214 he was issued at the time shows in item 4 (DOB) the entry "370413."
7. The applicant provides a Certificate of Birth filed on 2 June 1938 that lists his DOB as 13 April 1938.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show his correct DOB as 13 April 1938.
2. The available evidence of record shows he served using the DOB of
13 April 1937. All documents in his AMHRR reflecting his DOB shows his DOB as 13 April 1937.
3. 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 year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his record. This should serve to clarify any questions or confusion in regard to the difference in his year of birth in his military record and to satisfy his desire to have his correct year of birth documented in those records.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120007786
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ABCMR Record of Proceedings (cont) AR20120007786
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