IN THE CASE OF:	  

		BOARD DATE:  7 February 2013

		DOCKET NUMBER:  AR20120012118 


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 (Report of Separation from Active Duty) to show his date of birth (DOB) as "9 October 1955."

2.  The applicant states his DOB on his enlistment document is correct and the DD Form 214 reverses the day and month.  He was born under the name "W. D. M____" but has always used "Larry" as his first name.  He was asked which name he wanted to use when he enlisted and he indicated "Larry."  Because he was incarcerated for a number of years, his driver's license lapsed.  After 11 September 2001, he cannot get a driver's license because the DOB on his birth certificate does not match the DOB on his DD Form 214.

3.  The applicant provides copies of a DD Form 1966 (Application for Enlistment), a police records check, a Social Security Administration letter, and his 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.  His 1976 DD Form 1966 shows he enlisted under the name "Larry (NMN [no middle name]) M____" and indicates his birth certificate shows his birth name as "W. D. M____" with a DOB of "10-9-55."  The DOB block does not specify the date sequence.  Dates entered elsewhere on the form expressed a year/month/day sequence.  The form indicates his birth certificate was used to verify his name, age, and citizenship.

3.  His DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted under the name "Larry M____" with a DOB of "10-9-55" (date sequence not specified).  The date sequence expressed for the rest of the form is day/month/year.

4.  The applicant served in the Regular Army from 22 March 1976 through 19 March 1979 under the name "Larry (NMN) M____."

5.  His 1979 DD Form 214 shows his DOB as "55 09 10" (year/month/day).

6.  A copy of the applicant's birth certificate was not incorporated in the official file at the time of service.  The birth certificate provided shows a DOB of "9 October 1955."

7.  The Social Security Administration letter states "L____ M____" and "W. D. M____" are one and the same person.

8.  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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.

DISCUSSION AND CONCLUSIONS:

1.  The Army has an obligation to maintain records as they were constituted at the time of creation for historical purposes.  The fact that the applicant wants to change his date of birth some 35 years after his military service ended would normally be insufficient to justify changing his military records as they were originally constituted.

2.  From his statement that his DOB is correct on his enlistment contract, it appears the applicant believes the proper recorded date sequence on this form was expressed as month/day/year.

3.  Based on the facts that the applicant appears to use a civilian date sequence of month/day/year and his birth certificate shows a DOB of 9 October 1955, it appears that the DOB verification process at the time of the applicant's enlistment was flawed.  His enlistment document states his birth certificate was used to verify his name and birth information.

4.  Since his birth certificate shows a DOB of "9 October 1955," it is appropriate to correct the applicant's DD Form 214 to show his DOB as "9 October 1955."

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by showing the applicant's DOB as "9 October 1955" on his DD Form 214.



      _______ _  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)                                         AR20120012118



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ABCMR Record of Proceedings (cont)                                         AR20120012118



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