BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130008220 


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 records to show his correct date of birth (DOB).

2.  The applicant states his military records show his DOB as 1 November 1945; however, his birth certificate shows his DOB is 16 November 1945.

3.  The applicant provides a copy of his birth certificate and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  A Standard Form 88 (Report of Medical Examination), dated 29 June 1966, completed prior to the applicant's induction into the U.S. Armed Forces, shows in item 12 (DOB):  "15 Nov 45" [pen and ink change added the numeral "5"].

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army on 14 September 1966.  It also shows in item 5 (DOB):  "Nov 1, 45."

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 September 1968.  It also shows in item 9 (DOB):  "1 Nov 45."

5.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the Army National Guard of the United States (ARNGUS) on 2 November 1968 for a period of 2 years.  It also shows in item 
21 (DOB):  "01 Nov 45."

6.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged on 1 November 1970.  It also shows in item 10 (DOB):  "1 Nov 45."

7.  In support of his application, the applicant provides a copy of a Wisconsin State Board of Health, Bureau of Vital Statistic, Certificate of Birth, that shows the applicant's DOB is "November 16, 1945."

8.  A review of the applicant's records failed to reveal any evidence that his DOB was recorded as 16 November 1945 in his military service records.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.
   
   
   

   b.  It states all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It shows for item 9:  "Self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected because they do not show his correct DOB.

2.  The applicant's Certificate of Birth shows a DOB of "16 November 1945."

3.  The applicant's records, spanning the entire period of his military service, show the DOB of 1 November 1945 was consistently recorded in his official military service records, including on his DD Form 214 when he was honorably released from active duty and on his NGB Form 22 when he was separated from the ARNGUS.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the DOB in his official military service records.

5.  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 his correct 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.  

6.  In view of the foregoing, there is no basis for granting the requested relief.

7.  A copy of this Record of Proceedings will be filed in the applicant's official military personnel file so a record of his DOB will available.


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)                                         AR20130008220



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ABCMR Record of Proceedings (cont)                                         AR20130008220



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