IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130013077
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 item 3 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 31 July 1973.
2. The applicant states his DOB is 27 March 19XX, not 20 April 19XX. His correct DOB should be listed on his 1973 DD Form 214.
3. The applicant provides copies of his 1973 DD Form 214, U.S. Uniformed Service Identification Card, and driver's license.
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 6 June 1953. His record contains the following:
* A DD Form 47 (Record of Induction), dated 1 April 1953, which lists his DOB as 20 April 19XX
* A DD Form 398 (Statement of Personal History), dated 5 April 1962, which lists his DOB as 20 April 19XX
* A DA Form 20 (Enlisted Qualification Record) which lists his DOB as 20 April 19XX
3. He was discharged on 18 July 1959 for the purpose of immediate enlistment in the Regular Army (RA). His DD Form 214 lists his DOB as 20 April 19XX.
4. He reenlisted in the RA on 19 July 1959 and was discharged on 18 July 1965. His DD Form 214 lists his DOB as 20 April 19XX.
5. He enlisted in the RA on 19 July 1965. He was discharged on 3 June 1971 for the purpose of immediate reenlistment. His DD Form 214 lists his DOB as April 19XX.
6. He reenlisted in the RA on 4 June 1971 and he was honorably retired on 31 July 1973. His DD Form 214 lists his DOB as 20 April 19XX. His record also contains the following:
* Two DD Forms 20 (Enlisted Qualification Records), audited on 27 September 1971 and 24 May 1973, which list his DOB as 20 April 19XX
* A DA Form 3713 (Data for Retired Pay), dated 11 June 1973, which lists his DOB as 20 April 19XX
7. He provided copies of his U.S. Uniformed Service Identification Card and driver license which lists his DOB as 27 March 19XX.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 3 would list the Soldiers DOB.
DISCUSSION AND CONCLUSIONS:
1. All documents contained in the applicant's Army military personnel record show his DOB as 20 April 19XX. There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214 ending on 31 July 1973. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his DD Form 214 changed to show the DOB he now uses is understood, it is not a basis for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his military records for reference purposes.
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) AR20130013077
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