IN THE CASE OF: 

		BOARD DATE:	    13 May 2014

		DOCKET NUMBER:  AR20130016409 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge and Report of Separation from Active Duty) to show his date of birth (DOB) as XX August 1939 vice XX February 1938.

2.  The applicant states his DOB is incorrect on all three of his DD Forms 214.

3.  The applicant provides three DD Forms 214 and a 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 16 November 1960.  His records contain a DD Form 47 (Record of Induction), dated 16 November 1960, wherein it shows his DOB as XX February 1938.  

3.  His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as XX February 1938.  On 2 February 1961, he was discharged for the purpose of immediate enlistment in the Regular Army (RA).

4.  Item 6 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as XX February 1938.

5.  On 3 February 1961, he enlisted in the RA.  On 12 January 1964, he was honorably released form active duty and he was transferred to the U.S. Army Reserve.  

6.  Item 6 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as XX February 1938.

7.  On 31 March 1964, he enlisted in the RA.  His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 31 March 1964, shows his DOB as XX February 1938.

8.  On 5 May 1964, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as XX February 1938.

9.  On 28 January 1970, he was discharged for the purpose of immediate reenlistment.  

10.  Item 9 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as X February 1938.

11.  On 29 January 1970, he reenlisted in the RA.  On 28 January 1976, he was honorably discharged.  

12.  Item 4 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as XX February 1938.

13.  His records contain numerous orders, personnel, legal, and medical documents, from all of his periods of service, that all show his DOB as XX February 1938.  He authenticated many of these documents by placing his signature in the appropriate block.  The only exception is the DD Form 214 he was issued for the period ending 28 January 1970 wherein it appears a typographical error occurred and his DOB was entered with the same month and year as all other documents but with a different day.  

14.  The applicant provides a North Carolina Certification of Live Birth, issued 6 June 1987, wherein it shows his DOB as XX August 1939.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records confirms that upon the applicant's entry on active duty his DOB was listed as XX February 1938.  This DOB is consistent with the DOB that he used throughout his military service.  He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct.  He did not use the DOB that he now claims during his active duty service.

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 now desires to record a different DOB on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military records and to satisfy his desire to have his current DOB documented in his AMHRR.

4.  Therefore, he is not entitled to the 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)                                         AR20130016409



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ABCMR Record of Proceedings (cont)                                         AR20130016409



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