BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004563
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 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1987 to show his DOB as 30 December 1947.
2. The applicant states his birth certificate shows his DOB as 30 December 1947 and his military records show his DOB as 31 December 1947.
3. The applicant provides:
* birth certificate
* U.S. Passport
* DD Form 214 for the period ending 30 September 1987
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 induction record shows his DOB as 31 December 1947. He was inducted into the Army of the United States on 2 August 1967. He was released from active duty (REFRAD) on 12 July 1969. His DD Form 214 for the period ending 12 July 1969 shows his DOB as 31 December 1947.
3. His DD Form 4 (Enlistment Contract), dated 20 August 1969, shows his DOB as 31 December 1947. He enlisted in the Regular Army (RA) on 20 August 1969 and he remained on active duty through continuous reenlistments until he retired on 30 September 1987 in the rank of staff sergeant.
4. Item 5 of his DD Form 214 for the period ending 30 September 1987 shows the entry "471231 [31 December 1947]."
5. He provides a copy of his birth certificate and U.S. Passport which show his DOB as 30 December 1947.
6. 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 and U.S. Passport provided by the applicant show his DOB as 30 December 1947, the evidence of record shows he reported his DOB as 31 December 1947 when he was inducted in 1967 and when he enlisted in the RA in 1969. He served in and was retired using the DOB of 31 December 1947.
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) AR20090010900
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