IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022684
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 as "9 September 1947" (presumed to mean "9 December 1947").
2. He states his DD Form 214 shows the wrong birth date.
3. He provides his DD Form 214 and two birth certificates.
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 7 September 1966. On 6 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He completed 2 years of active duty service.
3. His records contain the following documents that show his date of birth as "8 December 1947":
* DD Form 398 (Statement of Personal History), dated 31 August 1966
* DD Form 47 (Record of Induction), dated 7 September 1966
* DA Form 3027 (U.S. Army Records for National Agency Check), dated 29 October 1966
* DA Form 20 (Enlisted Qualification Record)
4. Item 9 (Date of Birth) of his DD Form 214 shows his date of birth as "8 December 1947."
5. He provides copies of a Division of Health of Missouri Standard Certificate of Live Birth showing his date of birth as "9 December 1947" and a Missouri Department of Health and Senior Services Birth Certification issued on 28 January 2011 showing his date of birth as "9 December 1947."
6. 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 and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to have his DD Form 214 corrected to show the date of birth shown on his birth certificate is understood, he was inducted under the date of birth currently shown on his DD Form 214. This birth date was used throughout his military records and he was honorably separated under this date of birth.
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. 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 date shown on his birth certificate will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). This should serve to clarify any questions or confusion regarding the difference in the date of birth recorded in his military records and to satisfy his desire to have the date 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) AR20120022684
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ABCMR Record of Proceedings (cont) AR20120022684
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