BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010841
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 records to show his date of birth (DOB) as 12 November 1941 instead of 13 November 1941.
2. The applicant states that it was his understanding that his DOB was
13 November 1941 until he retired and became aware that his official birth certificate listed his DOB as 12 November 1941. His parents always celebrated 13 November 1941 as his birthday. His hospital birth certificate and his baptismal certificate show 13 November 1941.
3. He adds that when he retired and provided his birth certificate to Social Security Administration, they required his legal birth date to be 12 November 1941, as indicated on his birth certificate. All of his legal documents have been changed to 12 November 1941, with the exception of his military records. He is requesting his military records be changed to reflect his legal DOB as
12 November 1941.
4. The applicant provides his:
* Certification of Birth, Cook County, Illinois
* Certificate of birth, St. Anne's Hospital, Chicago, Illinois
* Certificate of Baptism
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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 on 26 February 1964. Item 5 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 13 November 1941.
3. A DD Form 398 (Statement of Personal History) shows his DOB as
13 November 1941.
4. His DA Form 20 (Personnel Qualification Record) listed his DOB as
13 November 1941.
5. He was honorably released from active duty on 20 February 1966. His
DD Form 214 lists his DOB as 13 November 1941.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of 13 November 1941 upon his induction and consistently used this DOB throughout his entire period of military service. There is no available evidence showing he used the DOB of 12 November 1941 that is listed on his Certification of Birth during his 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the DOB that is on his birth certificate 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. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the different DOB he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served.
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) AR20110002677
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ABCMR Record of Proceedings (cont) AR20120010841
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