IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011537
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 the date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the DOB shown on his DD Form 214 is incorrect. He needs this correction made in order to complete his citizenship application. The immigration office will not grant him citizenship until he receives a DD Form 215 (Correction to DD Form 214) showing the correct birth date as listed on his Republic of Cuba Birth Certificate. As a result of this mistake on his DD Form 214, he was unable to renew his residency and receive his citizenship.
3. The applicant provides:
* DD Form 214
* copy of his Birth Certificate and certified translation of the Birth Certificate
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
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 20 January 1964, he was inducted into the Army of the United States.
3. His DD Form 214 shows he was honorably released from active duty on 10 July 1964. He completed 5 months and 21 days of active service. His DD Form 214 shows his DOB as 20 November 1944.
4. His DD Form 47 (Record of Induction) and all documents throughout his military record containing a DOB show his DOB as 20 November 1944.
5. A review of his records failed to reveal any documents showing the DOB shown on the Birth Certificate he now provides.
6. A certified translation of the Birth Certificate he provides shows his DOB as 20 November 1945.
DISCUSSION AND CONCLUSIONS:
1. He provides a certified translation of a Birth Certificate that shows his DOB as 20 November 1945. However, all documents in his record showing a DOB show his DOB as 20 November 1944. As such, he was inducted and served using the DOB of 20 November 1944.
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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to have his military records changed to reflect the DOB on the documents he provided, 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 official records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and that which he currently uses.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130011537
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