BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130013612
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) entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the Department of Veterans Affairs discovered his DOB was incorrect and has requested a DD Form 215 (Correction to DD Form 214) showing the corrected DOB. He wasn't aware of the error until they brought it to his attention.
3. He provides his DD Form 214, a Birth Certification, and his Driver 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. On 5 May 1969, the applicant completed a DD Form 398 (Statement of Personal History). Item 5 (DOB) of the form shows he entered the DOB 15 December 1948.
3. On 6 May 1969, he enlisted in the Regular Army. Item 21 (DOB) of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) he signed on that date shows the DOB 15 December 1948.
4. On 24 November 1971, he was honorably released from active duty. Item 9 (DOB) of the DD Form 214 issued at that time shows the DOB 15 December 1948.
5. A review of his records shows his DOB was consistently recorded as 15 December 1948 throughout his military service.
6. He provides:
* a Birth Certification, issued on 6 February 2008, showing his DOB is 20 October 1950
* his Driver License showing his DOB is 20 October 1950
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the DOB that is entered on his DD Form 214.
2. 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 that the applicant desires to record the DOB shown on his Birth Certification in his military records, 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 military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his Birth Certification.
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) AR20130013612
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