IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020967
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 date of birth (DOB) as 19 August 1941 vice 24 August 1940.
2. The applicant states he believes it is very important to make sure all the documentation in his life is correct.
3. The applicant provides a copy of his DD Form 214 and 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. He enlisted in the Regular Army on 2 September 1959. Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 24 August 1940.
3. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry into the Army shows his DOB as 24 August 1940.
4. His record contains various personnel, medical, and legal documents that show his DOB as 24 August 1940. He authenticated several of these documents by placing his signature in the appropriate blocks. This DOB is consistent with the DOB listed on all documents throughout his military service.
5. He was honorably released from active duty on 14 August 1962. Item 6 (DOB) of his DD Form 214 shows his DOB as "24 Aug 40." He authenticated this document with his signature at the time of his separation.
6. The applicant provided a birth certificate which lists his DOB as 19 August 1941.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his DOB as 24 August 1940 upon enlistment in the Regular Army. This DOB is consistent with the DOB recorded on all documents throughout 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. While it is understandable that the applicant desires to have the DOB he currently uses recorded on his DD Form 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 will be filed in his service records. This should 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 the DOB he now uses documented in his official record.
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) AR20120020967
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ABCMR Record of Proceedings (cont) AR20120020967
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