IN THE CASE OF
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018070
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 in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 June 1939 instead of 4 December 1938.
2. The applicant states he noticed the incorrect information on his DD Form 214 and that his correct DOB is 3 June 1939.
3. The applicant provides a copy of his Birth Registration Card.
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 in the Regular Army on 9 October 1959.
3. Item 5 of the applicant's DD Form 47 (Record of Induction) and various other documents in his Official Military Personnel File (OMPF) list his DOB as
4 December 1938. He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block.
4. He was honorably released from active duty on 31 May 1980. Item 5 (DOB) of his DD Form 214 shows his DOB as 4 December 1938. He authenticated this document with his signature at the time of his separation.
5. The applicant provided a copy of his Birth Registration Card filed on 8 July 1939 which shows his DOB as 3 June 1939.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides 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 applicant used the DOB of 4 December 1938 upon induction into the Regular Army. This DOB is consistent with various documents in his OMPF throughout his period of military service. He authenticated several documents in his record by placing his signature in the appropriate block indicating the DOB listed was his correct DOB. He did not use the DOB that he now requests to be documented in his records. Although his Birth Registration Card of North Carolina State Board of Health shows his DOB as 3 June 1939, this alone is not a basis for affecting the change of his DOB in his OMPF.
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. While it is understandable that the applicant desires to have the DOB he currently uses recorded on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his service records. This should clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have the DOB he now uses documented in his official record.
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) AR20130018070
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130018070
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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