IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002831
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 "9 September 1940" instead of "19 September 1941."
2. The applicant states that he was born on "9 September 1940."
3. The applicant provides copies of his West Virginia Certificate of Birth and his West Virginia Drivers License that both show his DOB as "9 September 1940."
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's records show he was inducted into the Army of United States on 1 November 1962. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as "19 September 1941."
3. A DD Form 398 (Statement of Personal History), which he completed prior to his induction, shows his DOB as "19 September 1941."
4. His record contains a DA Form 20 (Enlisted Qualification Record) that shows his DOB as "19 September 1941."
5. He was honorably released from active duty on 30 October 1964. His
DD Form 214 shows his DOB as "19 September 1941."
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of "19 September 1941" upon his induction and consistently used this DOB throughout his entire period of military service. There is no available evidence showing he used the DOB of "9 September 1940" during his active military service.
2. 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the DOB that is on his birth certificate in his military records, 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 his correct DOB will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in information recorded in the military record and to satisfy the applicant's desire to have the correct information documented in the 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 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) AR20110002677
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ABCMR Record of Proceedings (cont) AR20130002831
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