IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010332
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) for the period ending on 31 July 1973 to show his date of birth as 2 December 1933.
2. He states his date of birth is incorrect on his DD Form 214.
3. He provides:
* DD Form 214 for the period ending on 31 July 1973
* Letter Orders Number 50-292, dated 23 May 1973
* State of South Carolina Certificate of Birth
* Virginia Driver's License
* Defense Finance and Accounting Service letter, dated 30 April 2013
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 26 November 1952. While on active duty, he performed several reenlistment options and was honorably retired on 31 July 1973 and credited with completing 20 years and 20 days of active duty service.
3. All the documents containing a date of birth in his military personnel records list his date of birth as "19 January 1934." These documents include:
* DD Form 4 (Enlistment Record)
* DD Forms 214 for the periods ending on 30 November 1955, 22 January 1963, and 26 February 1970
* DD Form 1883 (Survivor Benefit Plan - Election Certificate), dated 19 July 1973
* DA Form 20 (Enlisted Qualification Record)
4. Item 9 (Date of Birth) of his DD Form 214 for the period ending on 31 July 1973 shows his date of birth as "19 January 1934."
5. He provides his State of South Carolina Birth Certificate and Virginia Driver's License showing his date of birth as "2 December 1933."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is 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 is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While it is understood that the applicant desires to have his DD Form 214 corrected to show the date of birth that he now claims is his correct date of birth, he enlisted and reenlisted using the date of birth that is shown on his DD Forms 214. The date of birth shown on his DD Forms 214 was used throughout his military record and he was honorably retired using the same date of birth. Therefore, it would not be appropriate to change his record at this late date.
2. 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. 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 which confirms his date of birth shown on his birth certificate will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the date of birth recorded in his military record and to satisfy his desire to have the date of birth shown on his birth certificate documented in his AMHRR.
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) AR20130010332
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ABCMR Record of Proceedings (cont) AR20130010332
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