IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130001381
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 military records to show his date of birth (DOB) as 20 September 1951 instead of 20 September 1950.
2. The applicant states the records are in error; the date is wrong.
3. The applicant provides:
* State of Alabama Certificate of Live Birth
* U.S. Passport
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 4 February 1969, he enlisted in the Regular Army. He served continuously until his retirement on 29 February 1992.
3. The following documents in his Military Personnel Records Jacket (MPRJ), signed by the applicant, show his DOB as 20 September 1950:
* DD Forms 4 (Enlistment Contract Armed Forces of the United States), dated 4 February 1969, 12 June 1970, 14 March 1973, 22 December 1978, 11 February 1982, and 20 January 1988
* DA Form 428 (Application for Identification Card), dated 12 February 1991
* DA Form 4240 (Data for Payment of Retired Army Personnel), dated 7 December 1992 and 7 January 1992
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 29 February 1992
4. The applicant provided a birth certificate showing a DOB of 20 September 1951. The block showing the child's name shows "R____" is lined through and "M____ E____" is hand-written next to it.
5. The applicant provided a passport issued on 16 April 2001 that shows his name and DOB as 20 September 1951.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides that 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 reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DOB would have been verified at the time of his initial enlistment; however, there is no record of the document used for verification. Had his DOB of 20 September 1951 been known at the time of his initial enlistment, he would have been 17 years of age and he would have required parental consent to enlist. There is no record of having parental consent to enlist in 1969.
2. His DOB is shown as 20 September 1950 throughout his MPRJ wherever a DOB is listed. He had sufficient time over a period of 23 years of active duty to correct his DOB and did not.
3. For historical purposes, the Army has an interest in maintaining the integrity 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 listed on the birth certificate he provides in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his military service records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his MPRJ and the DOB listed on the birth certificate he provides and to satisfy his desire to have this DOB documented in his military service records.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130001381
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ABCMR Record of Proceedings (cont) AR20130001381
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