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Decision Text

ARMY | BCMR | CY2013 | 20130015921
Original file (20130015921.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	    27 May 2014

		DOCKET NUMBER:  AR20130015921 


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 military records to show his date of birth (DOB) as 26 October XXXX instead of 24 August XXXX.

2.  The applicant states:

* he entered the service with a false DOB
* his actual DOB is 26 October XXXX

3.  The applicant provides a copy of his 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's DD Form 4 (Enlistment Record –Armed Forces of the United States), dated 29 August 1955, shows his DOB as 24 August XXXX.  He enlisted in the Regular Army (RA) on 29 August 1955.  It appears he remained on active duty through continuous reenlistments until he retired on 30 September 1975.

3.  The available DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) in his military records show his DOB as 24 August XXXX.  His retirement DD Form 214 is not available for review.

4.  All of his service personnel records show his DOB as 24 August XXXX. 

5.  He provides a copy of his birth certificate which shows his DOB as 26 October XXXX.

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.  It establishes standardized policy for preparation of the DD Form 214.  It states 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.  The applicant contends the DOB shown in his military records is incorrect.

2.  Although the birth certificate provided by the applicant shows his DOB as 
26 October XXXX, the evidence of record shows he reported his DOB as 
24 August XXXX when he enlisted in the RA in 1955.  It appears he appropriately served in and was retired using the DOB of 24 August XXXX.

3.  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 record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.




4.  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).  This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his AMHRR.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20130015921



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ABCMR Record of Proceedings (cont)                                         AR20130015921



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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