BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013847
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 9 (Date of Birth (DOB)) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to correctly list his DOB as 6 July 19XX vice 5 July 19XX.
2. The applicant states he recently discovered his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides copies of his birth record, order changing his name, and DD Form 214.
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 (AUS) on 14 September 1966. His record contains the following documents which list his DOB as 5 July 19XX:
* DD Form 47 (Record of Induction), dated 9 September 1966
* DD Form 398 (Statement of Personal History), dated 10 September 1966 DA Form 20 (Enlisted Qualification Record), audited on 26 August 1968
* DA Form 41 (Record of Emergency Data), dated 26 August 1968
3. He was released from active duty on 30 August 1968. Item 9 of his
DD Form 214 lists his DOB as 5 July 19XX.
4. He provided copies of the following:
* Certified Copy of Birth Record, certified on 1 August 1952, which shows an individual with the same first and middle names as the applicant was born on 6 July 19XX
* Order changing his name, dated 12 September 1966, which shows his last name was changed from the one shown on the birth record to the last name which is listed in his record and on his DD Form 214
5. 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 9 would list the DOB verified in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. All documents contained in the applicant's record show his DOB as 5 July 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 listed on his DD Form 214. 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) AR20130013847
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ABCMR Record of Proceedings (cont) AR20130013847
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