BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011547
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 17 March 1942.
2. The applicant states his military records should reflect his actual DOB.
3. The applicant provides his DD Form 214 and State of California 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. The applicant was inducted into the Army of the United States on 12 February 1964. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 18 March 1942.
3. On 2 February 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 6 (DOB) of his DD Form 214 shows 18 March 1942.
4. His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as 18 March 1942. When required, he authenticated with his signature. The requested DOB does not appear in his MPRJ.
5. He provided his State of California Certificate of Live Birth which shows his DOB as 17 March 1942.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his DOB as 17 March 1942.
2. The evidence of record shows he listed 18 March 1942 as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB. This DOB is consistent throughout all documents in his MPRJ.
3. He submitted his State of California Certificate of Live Birth which shows his DOB as 17 March 1942; however, he did not claim this DOB during his entire period of military service.
4. 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. It is understandable that he now desires to record the DOB shown on his State of California Certificate of Live Birth in his military records; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
5. However, a copy of this decisional document will be filed in his records to clarify the difference between the DOB listed in his records and that listed on his birth certificate.
6. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20100016239
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