BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016886
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) ending on 29 January 1968 to show his date of birth (DOB) as 15 instead of 7 October 19XX.
2. The applicant states his DOB is listed incorrectly on his DD Form 214. He needs it corrected for Department of Veterans Affairs benefits.
3. The applicant provides his birth certificate, DD Forms 214, and Social Security Administration (SSA) letter.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) on 30 January 1962. Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as 7 October 19XX.
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 7 October 19XX.
4. He completed a DD Form 398 (Statement of Personal History) on 28 October 1968 and listed his DOB as 7 October 19XX.
5. His records contain various documents listing his DOB as 7 October 19XX, including an Armed Forces Fingerprint Card, a DA Form 41 (Record of Emergency Data), and a National Agency Check Request.
6. He was honorably discharged on 29 January 1965 for the purpose of immediate reenlistment in the RA. Item 9 (DOB) of this DD Form 214 for this period of service shows his DOB as 7 October 19XX.
7. He reenlisted in the RA on 30 January 1965. Item 15 of his DD Form 4 for this period of service also listed his DOB as 7 October 19XX.
8. He was honorably discharged on 29 January 1968. Item 9 of his DD Form 214 for this period of service also shows his DOB as 7 October 19XX.
9. He provides a certified birth certificate and a letter from the SSA showing a name similar to his with a DOB listed as 15 October 19XX.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his initial enlistment in the RA in 1962 and entry on active duty the applicant listed his DOB as 7 October 19XX. This DOB was also listed on his reenlistment contract in January 1965 and is consistent with the DOB shown on several documents in his service records. He did not use the DOB that he now claims is correct during his period of active service.
2. It is unclear why the applicant now has a different DOB. 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 Armys records.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, are correct. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20130016886
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ABCMR Record of Proceedings (cont) AR20130016886
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