IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130004863
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 that his military records be corrected to show his date of birth (DOB) is the 23rd instead of the 24th of October.
2. The applicant states his birth certificate shows his DOB is the 23rd of October instead of the 24th. His ID Card now reflects the 24th and his passport reflects the 23rd which may cause confusion when he travels.
3. The applicant provides a copy of his birth certificate.
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 was commissioned as a U.S. Army Reserve second lieutenant on 31 May 1962 and was ordered to active duty on 27 August 1966. His records were prepared to reflect that his DOB was 24 October. He continued to serve as an oral surgeon and was promoted to the rank of colonel on 1 March 1982.
3. A review of his official records shows that all of his official documents and those prepared by the applicant as well indicate a DOB of 24 October.
4. On 31 August 1986, he was honorably retired by reason of length of service and was transferred to the Retired List effective 1 September 198. His DD Form 214 reflects a DOB of 24 October.
5. The birth certificate provided by the applicant reflects that his DOB is
23 October.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was commissioned and served his entire period using the DOB of 24 October xxxx. He has offered no explanation as to why he served under a DOB other than that which is listed on his Certificate of Birth.
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. 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 change his 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.
3. The applicant is advised that a copy of this decisional document which confirms the DOB he is currently using will be filed in his Army Military Human Resource Record (AMHRR) previously 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 record and to satisfy his desire to have his current DOB documented in his AMHRR. Accordingly, 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 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) AR20130004863
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ABCMR Record of Proceedings (cont) AR20130004863
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