BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130000936
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 record to show his correct date of birth (DOB).
2. The applicant states his record should be corrected to show his DOB as "15 July" instead of "17 July."
3. The applicant provides copies of his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* U.S. Passport (first two pages only)
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. On 24 December 1975, the applicant enlisted in the U.S. Army Reserve. The DD Form 4 (Enlistment Contract Armed Forces of the United States) prepared at the time of his enlistment shows in item 7 (DOB) "17 JULY." He served until he was discharged on 1 January 1976, for the purpose of immediate enlistment in the Regular Army. On 2 January 1976, he enlisted in the Regular Army.
3. All of the documents contained in the applicant's record which include his DOB list it as "17 July." There are no documents in his record that list his DOB differently.
4. On 1 January 1980, the applicant was honorably released from active duty having completed 4 years of creditable active duty service. The DD Form 214 issued at that time contains the entry "550717" in item 5 (DOB).
5. The applicant provides a copy of the first two pages of a U.S. Passport issued on 5 October 2009, which lists his DOB as "15 July."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his correct DOB as "15 July."
2. The available evidence of record shows he served exclusively using the DOB of "17 July."
3. 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 his correct DOB in his Army Military Human Resource Record (AMHRR), there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in those 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) AR20130000936
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