IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130018147
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 11 July xxxx.
2. The applicant states his DOB is not 10 July xxxx.
3. The applicant provides his:
* DD Form 214, dated 31 July 1996
* DD Form 2 (U.S. Uniformed Services Identification Card (Retired))
* Washington State Driver License
* State of Florida, Certificate of Live Birth
* Passport
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 available records show he enlisted in the Regular Army (RA) on 16 September 1975 and he served until he was discharged for the purpose of immediate reenlistment on 22 March 1978. Item 4 (DOB) of his DD Form 214 (Report of Separation from Active Duty), dated 22 March 1978, shows his DOB as 10 July xxxx.
3. On 23 March 1978, he reenlisted and served until he was retired honorably on 31 July 1996 after completing a total of 20 years, 10 months, and 15 days of net active service. Item 5 (DOB) of this DD Form 214 shows his DOB as 10 July xxxx.
4. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, show his DOB consistently appears as 10 July xxxx.
5. The applicant provides his:
* DD Form 2, which shows his DOB as 10 July xxxx
* Washington State Driver License, dated 12 June 2009, which lists his DOB as 10 July xxxx
* State of Florida, amended Certificate of Live Birth, dated 16 February 1989, which lists his DOB as 11 July xxxx
* Passport, dated 9 March 2011, which lists his DOB as 11 July xxxx
6. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 evidence of record shows the applicant listed his DOB as 10 July xxxx upon enlistment in the RA. This DOB is consistent with the DOB listed on both of his DD Forms 214, all personnel documents throughout his military service, and several of the documents he submitted as evidence.
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 that he now uses recorded on his DD Forms 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 Record of Proceedings will be filed in his military records. This should clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the requested DOB documented.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
______________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) AR20130018147
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ABCMR Record of Proceedings (cont) AR20130018147
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