BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007686
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 (Armed Forces of the United States Report of Transfer or Discharge) to correctly reflect his DOB as X July 1950 vice X July 1951.
2. The applicant states the above error was due to his unit's administration offices failure to ensure the correctness of this date. He wants it corrected due to the hardship it may cause regarding his recent application to the Department of Veterans Affairs for health care benefits.
3. The applicant provides copies of his DD Form 214 and 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 inducted into the Army of the United States (AUS) on 18 May 1971. His records contain the following:
* DD Form 398 (Statement of Personal History) which lists his DOB as X July 1951
* DD Form 47 (Record of Induction), dated 14 January 1971, which lists his DOB as X July 1951
* DA Form 20 (Enlisted Qualification Record), audited on 12 October 1971, which lists his DOB as X July 1951
* DA Form 41 (Record of Emergency Data), dated 20 May 1971, which is partially illegible and faint; however, the original copy appears to show his DOB as X July 1951
3. He was discharged from active duty on 10 January 1972. Item 9 of his
DD Form 214 lists his DOB as X July 1951.
4. He provided a copy of a Commonwealth of Kentucky birth certificate, filed on 20 November 2006, which certified an individual with the same name as the applicant was born on X July 1950.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted into the AUS using the DOB of X July 1951. All documents contained in his military personnel record show the year of his birth as 1951. There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the year birth on his DD Form 214. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his DD Form 214 changed to show a different year for his DOB he now uses is understood, it is not a basis for compromising the integrity of the Army's records.
3. A copy of this decisional document will be filed in his military records for reference purposes.
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) AR20130007686
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