IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120022498
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 "14 Jxxxxxx 19XX" vice "15 Jxxxxxx 19XX"
* place of birth as "Sherman, XX" vice "Whitewright, XX"
2. The applicant states, in effect, his date and place of birth were entered on his DD Form 214 incorrectly.
3. The applicant provides a certified record of his birth certificate, a second copy of his birth certificate, and a DD Form 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. The applicant enlisted in the Regular Army on 1 February 1961 and held military occupational specialty 111.00 (Light Weapons Infantryman). The highest grade/rank he attained while serving on active duty was private/E-2.
3. His DD Form 4 (Enlisted Record Armed Forces of the United States) shows his DOB as "15 Jxxxxxx 19XX" and his place of birth as "Whitewright, XX."
4. His DA Form 20 (Enlisted Qualification Record) shows his DOB as
"15 Jxxxxxx 19XX" but does not list his place of birth.
5. He was discharged under honorable conditions on 10 August 1961. His
DD Form 214 shows his DOB as "15 Jxxxxxx 19XX" and his place of birth as "Whitewright, XX."
6. He provided two birth certificates that list his DOB as "14 Jxxxxxx 19XX" and his place of birth as "Sherman, XX."
7. 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 establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon the applicant's enlistment in the Regular Army his DOB was listed as "15 Jxxxxxx 19XX" and his place of birth as "Whitewright, XX." He used this date and place of birth throughout his entire period of military service.
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 a different date and place of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his requested or current date and place of birth, will be filed in his official military records. This should serve to clarify any questions or confusion in regard to the difference in the date and place of birth listed in his military record and to satisfy his desire to have his current date and place of birth 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) AR20120022498
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ABCMR Record of Proceedings (cont) AR20120022498
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