BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022307
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 recorded on his birth certificate.
2. The applicant states that his DOB was incorrectly recorded as 26 July 1945 at the Induction Center at Oklahoma City, OK or at the Receiving/Classification Center at Fort Polk, LA on 15 January 1963. He contends his DOB is 29 July 1945.
3. The applicant provides his social security card, birth certificate, TX driver's license, and two DD Forms 214.
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. On 17 January 1963, the applicant enlisted in the Regular Army.
3. The following documents in his records show his DOB was recorded as
26 July 1945:
* DD Form 4 (Enlistment Record - Armed Forces of the United States)
* DD Form 373 (Consent, Declaration of Parent or Legal Guardian)
* DA Form 20 (Enlisted Qualification Record)
4. On 6 January 1966, he was honorably released from active duty. Item 6 (DOB) of his DD Form 214 shows his DOB as 26 July 1945.
5. He provides his birth certificate and TX driver's license which show his DOB as 29 July 1945.
6. A review of his records failed to reveal any documents showing the DOB shown on the birth certificate he provides.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's records revealed no evidence indicating the DOB shown on his birth certificate was recorded as his DOB during his military service. The records show he was enlisted and served using 26 July 1945 as his DOB.
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 that the applicant desires to now record the DOB as shown 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. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the different DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his 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 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) AR20120022307
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ABCMR Record of Proceedings (cont) AR20120022307
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