BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013948
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 29 August 1946 instead of 30 August 1946.
2. He states his actual birthday is 29 August 1946, not 30 August 1946. When he was inducted, his birth certificate was not checked for the correct date.
3. He provides his DD Form 214 and 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 applicant was inducted into the Army of the United States on 3 December 1968. His DD Form 47 (Record of Induction) shows his DOB as 30 August 1946. He was honorably discharged on 8 December 1968 for immediate enlistment. His DD Form 214 issued for this period shows his DOB as 30 August 1946. It also shows his signature in item 32 (Signature of Member Being Transferred or Discharged).
3. He enlisted in the Regular Army on 9 December 1968. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his DOB as 30 August 1946.
4. A review of the documents in his service record consistently shows his DOB as 30 August 1946 throughout his tenure of service. His service record does not contain any documents that show his DOB as 29 August 1946.
5. He was honorably released from active duty on 9 September 1971 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. The DD Form 214 he was issued shows his DOB as 30 August 1946. It further shows in item 32 the applicant's signature.
6. He provided his birth certificate that shows his DOB as 29 August 1946.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. 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 have the requested DOB recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicant's birth certificate shows his DOB as 29 August 1946, all documents in his military personnel records consistently show his DOB as 30 August 1946.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)). This should serve to clarify any questions or confusion in regard to the difference in the birth day recorded in his military records and to satisfy his desire to have the requested birth day documented in his AMHRR.
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) AR20130013948
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ABCMR Record of Proceedings (cont) AR20130013948
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