IN THE CASE OF: 

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009464 


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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as xx August 19x4 vice xx September 19x5.

2.  The applicant states his DOB is wrong on his DD Form 214.

3.  The applicant provides his DD Form 214 and a birth certificate.

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's records show he was inducted into the Army of the United States on 11 September 1957 and at the time of his retirement he held military occupational specialties 00J (Club Manager) and 94B (Food Service Specialist). 
3.  He was honorably released from active duty on 8 August 1959 and transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 28 days of net active service during this period of service.

4.  Item 6 (DOB) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows his DOB as xx September 19x5.

5.  He enlisted in the Regular Army (RA) on 28 December 1960.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 28 December 1960, shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

6.  He was discharged for the purpose of immediate reenlistment on 16 April 1963.  Item 6 of the DD Form 214 he was issued for this period of service shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

7.  He reenlisted in the RA on 17 April 1963.  A DD Form 4, dated 17 April 1963, shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

8.  He was discharged for the purpose of immediate reenlistment on 16 April 1969.  Item 6 of the DD Form 214 he was issued for this period of service shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

9.  He reenlisted in the RA on 17 April 1969.  A DD Form 4, dated 17 April 1969, shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

10.  He was discharged for the purpose of immediate reenlistment on 26 December 1978.  Item 4 (DOB) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

11.  He reenlisted in the RA on 27 December 1978.

12.  A DD Form 93 (Record of Emergency Data), dated 7 July 1978, shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block on 7 July 1978 and reviewing the form on 8 May 1980.
13.  A DA Form 2339 (Application for Voluntary Retirement), dated 8 April 1980, shows his DOB as xx September 19x5.  He authenticated this form by placing his signature in the appropriate block.

14.  A DA Form 428 (Application for Identification Card), dated 30 May 1979, shows his DOB as xx September 19x5.   He authenticated this form by placing his signature in the appropriate block.

15.  His record contains numerous personnel, finance, and legal documents that all show his DOB as xx September 19x5.

16.  He was honorably retired from active duty on 31 May 1980.  He completed a total of 21 years, 4 months, and 1 day of net active service.  Item 5 (DOB) of his final DD Form 214 shows his DOB as xx September 19x5. 

17.  The applicant provides a State of Missouri Birth Certificate, dated 3 May 1993, wherein it shows a child with the same name as the applicant was born on xx August 19x4.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's DOB was listed as xx September 19x5 upon his initial entry on active duty.  This DOB is consistent with the DOB shown on numerous documents throughout his military of service.  He authenticated many documents by placing his signature in the appropriate place indicating this DOB was correct.  He did not use the DOB that he now claims during his period of military service.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 understood that the applicant now desires to have the DOB listed on his birth certificate listed 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 correct DOB, will be filed in his Army Military Human Resource Record (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.

4.  In view of the foregoing, there is insufficient evidence to grant him relief in this case. 

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)                                         AR20120009464





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ABCMR Record of Proceedings (cont)                                         AR20120009464



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