IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120008493
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as XXXXX instead of XXXXX.
2. The applicant states:
* the DOB shown on his DD Form 214 is wrong
* he was born on XXXXX
3. The applicant provides:
* Birth certificate
* DD Form 214
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 enlisted in the U.S. Army Reserve (USAR) on 13 July 1962 for a period of 8 years. His enlistment contract shows his DOB as XXXXX. He was ordered to active duty on 26 July 1962 for training. He was released from active duty (REFRAD) on 22 December 1962 and transferred to the USAR to complete his remaining service obligation.
3. Item 6 (DOB) of his DD Form 214 shows his DOB as XXXXX.
4. He provides a copy of his birth certificate which shows his DOB as XXXXX.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the DOB shown on his DD Form 214 is incorrect.
2. Although the birth certificate provided by the applicant shows his DOB as
XXXXX, the evidence of record shows he reported his DOB as XXXXX when he enlisted in the USAR in 1962. It appears he appropriately served in and was REFRAD using the DOB of 29 May 1944.
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 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.
4. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120008493
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ABCMR Record of Proceedings (cont) AR20120008493
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