BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130002834
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 (Certificate of Release or Discharge from Active Duty) to show his birth month as March instead of February.
2. He states the month of birth on his military records is wrong. He had never seen his DD Form 214 until he recently sent for it. That is when he noticed his birth month was wrong.
3. He provides his Certificate of Citizenship 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 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 enlisted in the Army National Guard (ARNG) on 17 November 1980. He was ordered to active duty for training (ADT) on 8 December 1980.
3. A review of the documents in his service record consistently shows his birth month February throughout his tenure of service. His service record does not contain any documents that show his birth month as March.
4. He was honorably released from ADT on 18 April 1981 and returned to his ARNG unit. The DD Form 214 he was issued shows his birth month as February. It further shows in item 21 (Signature of Member Being Separated) the applicant's signature.
5. On 20 July 1982, the applicant was separated from the ARNG and he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve). The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued also shows his birth month as February.
6. He provided his Certificate of Citizenship that shows his birth month as March.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. 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 the applicant desires to now have the requested birth month recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicant's Certificate of Citizenship shows his birth month as March, all documents in his military personnel records consistently show his birth month as February.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)). This should serve to clarify any questions or confusion in regard to the difference in the birth month recorded in his military records and to satisfy his desire to have the requested birth month 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 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) AR20130002834
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ABCMR Record of Proceedings (cont) AR20130002834
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