BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004428
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his DOB as 9 July 1949.
2. The applicant states:
* his DOB is incorrect on his DD Form 214 and other military records
* due to an error on his mother's part, his DOB was incorrectly recorded as 15 July 1949 when he enlisted
* his actual DOB is 9 July 1949
3. The applicant provides:
* birth certificate
* 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's DD Form 398 (Statement of Personal History) and DD Form 47 (Record of Induction), dated 9 September 1969, show his DOB as 15 July 1949. He was inducted into the Army of the United States on 9 September 1969 and he was honorably released from active duty (REFRAD) on 25 April 1971.
3. Item 9 of his DD Form 214 shows the entry "15 JUL 49 [15 July 1949]."
4. He provides a copy of his birth certificate which shows his DOB as 9 July 1949.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the DOB shown on his DD Form 214 is incorrect.
2. Although the birth certificate provided by the applicant shows his DOB as 9 July 1949, the evidence of record shows he reported his DOB as 15 July 1949 when he was inducted in 1969. It appears he appropriately served in and was REFRAD using the DOB of 15 July 1949.
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 a different DOB 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 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 DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his AMHRR.
5. In view of the foregoing, there is no 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) AR20130004428
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ABCMR Record of Proceedings (cont) AR20130004428
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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