BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130011610
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as XX January 1959 vice 1958.
2. The applicant states his DD Form 214 lists an incorrect DOB.
3. The applicant provides his DD Form 214 and a birth certificate.
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 applicants records show he enlisted in the Regular Army (RA) on 20 September 1978 and he reenlisted on 7 May 1981. Both his enlistment and reenlistment DD Forms 4 (Enlistment/Reenlistment Document) listed his DOB as XX January 1958. All allied documents pertaining to each DD Form 4 also listed the same DOB. He authenticated each contract by placing his signature, as required, in the appropriate blocks.
3. His DA Form 2A (Personnel Qualification Record - Part I) which was created upon his entry on active duty listed his DOB as XX January 1958.
4. He completed or his records contain various forms during this period of active duty, including the documents below. In each case, he indicated his DOB was XX January 1958:
* Servicemen's Group Life Insurance Certificate
* Immunization Record
5. He was honorably discharged on 6 May 1985. Item 5 (DOB) of his DD Form 214 shows his DOB as XX January 1958. He authenticated this form by placing his signature in item 29 (Signature of Person Being Separated).
6. He enlisted in the U.S. Army Reserve (USAR) on 28 March 1985. This enlistment contract also shows his DOB as XX January 1958.
7. He submitted a birth certificate that shows an individual with the same name as the applicant and a DOB of XX January 1959.
8. 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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance by ensuring all information on this form is accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his initial enlistment in the RA and entry on active duty the applicant listed his DOB as XX January 1958. This DOB was also listed on his reenlistment contract in May 1981 and is consistent with the DOB shown on several documents in his service records. Further, he listed this same DOB when he enlisted in the USAR in 1985. He did not use the DOB that he now claims is correct during his period of active service.
2. It is unclear why the applicant now has a different DOB. 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 record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, are correct. Therefore, there is insufficient evidence to grant him 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 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) AR20130011610
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ABCMR Record of Proceedings (cont) AR20130011610
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