IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130005684
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 XX May 1952 vice XX May 1951.
2. The applicant states the DOB on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214, birth certificate, and driver's license.
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. In conjunction with his enlistment the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) on 20 September 1971 wherein he listed his DOB as XX May 1951. He authenticated this document by placing his signature in the appropriate block on that date.
3. The applicant enlisted in the Regular Army on 12 November 1971. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 12 November 1971, shows his DOB as XX May 1951.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his DOB as XX May 1951. He authenticated this form by placing his signature in the appropriate block on 18 November 1971 and again when he reviewed the form on 30 July 1972.
5. His record contains a DA Form 428 (Application for Identification Card), dated 17 November 1971, wherein it appears his DOB was initially entered as XX May 1952 and then corrected to read XX May 1951. He authenticated this form by placing his signature in the appropriate block.
6. His record contains several personnel, medical, and legal documents that all show his DOB as XX May 1951. He authenticated many of these documents by placing his signature in the appropriate block.
7. He was honorably released from active duty on 17 September 1973 and he was transferred to the U.S. Army Reserve. Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as XX May 1951.
8. The applicant provides a Minnesota Certificate of Live Birth, dated XX May 1952, wherein it shows his DOB as XX May 1952. He also provides a Minnesota Driver's License, issued May 2009, wherein it shows his DOB as XX May 1952.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms that upon the applicant's enlistment in the Army, he listed his DOB as XX May 1951. This DOB is consistent with the DOB that he used throughout his military service. He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct. He did not use the DOB that he now claims during his active duty 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. 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 that the applicant now desires to record a different DOB on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
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) (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 DOB recorded in his military records and to satisfy his desire to have his current DOB documented in his AMHRR.
4. Therefore, he is not entitled to the 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) AR20130005684
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ABCMR Record of Proceedings (cont) AR20130005684
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