IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013275
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 records to show his date of birth (DOB) as 29 January 19X6 vice 12 October 19X5.
2. The applicant states his baptismal record shows his DOB as 29 January 19X6. His family is trying to put his records in order.
3. The applicant provides:
* Certificate of Baptism
* Power of Attorney
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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's records show he enlisted in the Regular Army on 17 October 1945. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant/E-6.
3. He retired on 30 June 1967 and he was placed on the Retired List on 1 July 1967. He completed over 23 years of active service. Item 9 (DOB) of his retirement DD Form 214 shows his DOB as 12 October 19X5.
4. All documents in his service record list his DOB as 12 October 19X5. He completed or had several documents processed with this DOB. These include:
* WD AGO Form 24A (Service Record)
* Multiple DD Forms 398 (Statement of Personal History)
* Multiple DD Forms 4 (Enlistment Record - Armed Forces of the United States)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* Multiple DA Forms 428 (Application for Identification Card)
* Application for Retirement
* WD AGO Form 53 and WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service)
* DD Forms 214 (Report of Separation from the Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
5. He provides a Certificate of Baptism showing an individual similar to his with the DOB listed as 29 January 19X6.
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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record is complete with all his enlistment and separation documents. All documents in his service record show his DOB as 12 October 19X5. Nowhere is there any mention of the requested DOB shown on any document in his service record. He did not use the requested DOB during his military 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.
3. 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.
4. Absent convincing independent and verifiable evidence to confirm he served under the requested DOB, 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. However, a copy of this decisional document will be filed in his records so as to clarify the difference between the DOB listed in his records and the DOB shown on his Certificate of Baptism.
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) AR20130013275
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ABCMR Record of Proceedings (cont) AR20130013275
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