IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120022523
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 the date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the DOB shown on his DD Form 214 is incorrect. It reads 26 March XXXX and should read 27 March XXXX. The correction is vital for issuance of benefits provided by the Department of Veterans Affairs.
3. The applicant provides copies of a birth certificate and 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 applicants 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 applicants 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 Minnesota Army National Guard (MNARNG) on 10 September 1962. He was ordered to and entered active duty for training (ADT) on 6 November 1962. His records contain:
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 10 September 1962, which shows his DOB as 26 March XXXX
* DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, and audited on 20 March 1967, which shows his DOB as 26 March XXXX
* DA Form 41 (Record of Emergency Data), reviewed on 20 March 1967, which shows his DOB as 26 March XXXX
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 8 May 1967, which shows his DOB as 26 March XXXX
3. On 5 May 1963, he was honorably released from ADT to the control of the MNARNG. Item 6 (DOB) of his DD Form 214 shows his birth date as 26 March XXXX.
4. The applicant provides a copy of a birth certificate from the State of Minnesota which certified an individual with the middle and last names as his was born on 27 March XXXX.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated the purpose of the separation document was 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 was 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. All documents contained in the applicant's record show his DOB as 26 March XXXX. There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his DD Form 214 changed to show the DOB he now uses is understood, it is not a basis for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his military records for reference purposes.
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) AR20120022523
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ABCMR Record of Proceedings (cont) AR20120022523
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