IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130009707
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 5 April 1949.
2. He states his DOB is 5 April 1949 and he just discovered the error.
3. He provides his DD Form 214 and a State of Colorado Certificate of Live Birth.
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. On 11 July 1966, the applicant enlisted in the Regular Army. Item 15 (DOB) of the DD Form 4 (Enlistment Record Armed Forces of the United States) completed at the time of his enlistment shows the entry "4 APR 49."
3. On 14 July 1966, he completed a DD Form 398 (Statement of Personal History). He entered his DOB as "4 APL. 49" in item 5 (DOB).
4. On 17 March 1970, he retired by reason of temporary disability (later determined to be permanent). Item 9 (DOB) of his DD Form 214 shows the entry "4 Apr 49."
5. A review of his records shows his DOB was consistently recorded as 4 April 1949 throughout his military service.
6. He provided a birth certificate showing his DOB as 5 April 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the DOB that is entered on his DD Form 214.
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 desires to record the DOB shown on his birth certificate 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 will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his birth certificate.
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 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) AR20130009707
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130009707
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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