IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013630 


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 year of birth as 1945 instead of 1946.

2.  He states the error in his year of birth is affecting his pay and he is 1 year behind in receiving his retired pay.

3.  He provides his DD Form 214, certificate of birth, and Chronological Statement of Retirement Points.

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 was inducted into the Army of the United States on 18 September 1967.  On 21 September 1967, he was honorably discharged for immediate enlistment in the Regular Army on 22 September 1967.  He was honorably released from active duty on 21 September 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 3 years and 4 days of active duty service.

3.  His record contains the following documents that show his year of birth as 1946:

* DD Form 47 (Record of Induction), dated 18 September 1967
* DD Form 4 (Enlistment Contract), dated 22 September 1967

4.  Item 9 (Date of Birth) of his DD Forms 214 for the periods ending 21 September 1967 and 21 September 1970 show his year of birth as 1946.

5.  He enlisted in the USAR on 22 September 1970 and remained in the USAR until he was transferred to the Retired Reserve on 24 September 1997.

6.  He provides his Chronological Statement of Retirement Points that shows his year of birth as 1946.  There are no documents which contain a date of birth in his available file, either during his active duty service or his service in the USAR, that show his year of birth as 1945.

7.  He provides a copy of Ohio Department of Health, Columbus, Certificate of Live Birth, issued on 6 September 1945 which shows he was born in 1945.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  While it is understood that the applicant desires to have his DD Form 214 corrected to show the year of birth that he now claims is his correct year of birth, 
he was inducted and later enlisted using the year of birth that is shown on his DD Forms 214.  The year of birth shown on his DD Forms 214 was used throughout his military record and he was honorably separated using the same year of birth.  Further, he enlisted in the USAR and continued to serve until he was transferred to the Retired Reserve using the same year of birth.  Therefore, it would not be appropriate to change his record at this late date.

2.  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 year of birth as 1945 on his DD Forms 214, 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 year of birth shown on his birth certificate 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 year of birth recorded in his military record and to satisfy his desire to have the year of birth shown on his birth certificate documented in his AMHRR.

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)                                         AR20120013630



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ABCMR Record of Proceedings (cont)                                         AR20120013630



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