IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018281
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct date of birth (DOB) and his effective date of release from active duty (REFRAD).
2. The applicant states that while applying for Social Security he discovered that his DOB was incorrect. Additionally, his DD Form 214 appears to be altered in block 11d (effective date) and he desires any questions in that regard be resolved.
3. The applicant provides a copy of his DD Form 214 and 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 enlisted in the Regular Army on 3 March 1964 for a period of 3 years using the DOB that is contained on his DD Form 214. He completed his training as a medical specialist and was assigned to Fort Hood, Texas for his first assignment.
3. On 18 September 1965, he was transferred to Hawaii for assignment to an armor battalion.
4. On 26 January 1966, he was transferred to Vietnam with his unit. He continued to serve with the DOB that is contained on his DD Form 214 and departed Vietnam on 22 January 1967. He was transferred to Oakland Army Base, California where he was honorably REFRAD as an overseas returnee on 23 January 1967. He had served 2 years, 10 months and 21 days of active service.
5. His DD Form 214 issued at the time of his REFRAD shows the DOB that he enlisted and served under for his entire enlistment and his effective date of REFRAD contains what appears to be an ink blot with the numbers 67 entered above it.
6. Army Regulation 635-5 (Separation Documents) in effect at the time served as the authority for the preparation of the DD Form 214. It provides that the
DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted using the DOB that is contained on his DD Form 214 and at the time of his discharge his DD Form 214 was properly prepared to reflect the DOB he was serving under at the time in accordance with the applicable regulation.
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 the applicant desires to now change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his official military records.
4. However, the applicants contention that the alteration (ink spot) in item 11d makes it appear that his DD Form 214 has been altered even if it has not, appears to have merit. Therefore, in order to resolve any doubt in that matter, a DD Form 215 should be issued to show that he was REFRAD on 23 January 1967.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a DD Form 215 showing that the effective date of his REFRAD (item 11d) is 23 January 1967.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his DOB.
_______ _ 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) AR20130018281
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ABCMR Record of Proceedings (cont) AR20130018281
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