IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120013088
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 military records to show his date of birth (DOB) as 26 March 1950.
2. The applicant states his military records incorrectly show his DOB as 25 March 1950 when, in fact, it is 26 March 1950.
3. The applicant provides a copy of his birth certificate showing his DOB as 26 March 1950.
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 enlisted in the Regular Army on 3 December 1968 for a period of 2 years. At the time of his enlistment he indicated his DOB was 25 March 1950 on all of his enlistment documents. He completed training as a motor transport operator at Fort Ord, California, and was transferred to Vietnam on 12 May 1969.
3. He completed his tour in Vietnam on 11 May 1970 and was transferred to Fort Lewis, Washington. On 3 September 1970, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects his DOB as 25 March 1950.
4. On 4 September 1970, he reenlisted for a period of 6 years and assignment to Okinawa. His DOB on his reenlistment contract also reflects his DOB as 25 March 1950.
5. On 29 February 1972, he was discharged under other than honorable conditions and his DD Form 214 reflects a DOB as 25 March 1950.
6. A review of his official records shows all of the documents contained in his records, including the documents completed in his own handwriting, indicate his DOB is 25 March 1950.
7. The birth certificate provided by the applicant shows his DOB as 26 March 1950.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted he provided a DOB of 25 March 1950 and all of the documents contained in his official records, to include those completed by the applicant, contain the DOB of 25 March 1950. He has offered no explanation as to why he served under a DOB other than that which is listed on his birth certificate.
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 understandable the applicant desires to now change his 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.
3. The applicant is advised that a copy of this decisional document which confirms the DOB he is currently using will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have his current DOB documented in his official military records.
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 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) AR20120013088
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ABCMR Record of Proceedings (cont) AR20120013088
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