IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008718
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his date of birth (DOB) is
4 May instead of 3 May.
2. The applicant states he requested a birth certificate from California and discovered his DOB is 4 May instead of 3 May. His military records show 4 May as his DOB and he is experiencing difficulty renewing his Common Access Card because of the different dates of birth.
3. The applicant provides a copy of his birth certificate showing his DOB is
4 May.
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 enlisted in the Regular Army on 28 September 1976. At the time of enlistment he indicated his DOB was 3 May. He completed his training and continued to serve through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 1 November 1987.
3. On 30 April 1995, he was honorably retired under the Voluntary Early Retirement Program. He had served 18 years, 7 months, and 3 days of active service and he was transferred to the retired list effective 1 May 1995.
4. The DD Form 214 he was issued at the time of retirement shows his DOB as 3 May and this date is recorded throughout his military records. A review of his official records failed to show the applicant used the DOB of 4 May at any time during his service.
5. 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 as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicants official records show he served his entire period of service using the DOB that is contained on his DD Form 214.
2. Although not prohibited, the applicant has provided no explanation as to why he served under the DOB that is different than the one listed on his birth certificate.
3. 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. Accordingly, there is no basis for granting the applicant's requested relief.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, previously known as the Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military record and to satisfy his desire to have the DOB listed on his birth certificate documented in his record.
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) AR20130008718
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ABCMR Record of Proceedings (cont) AR20130008718
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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