IN THE CASE OF:	  

		BOARD DATE:	 26 June 2014 

		DOCKET NUMBER:  AR20130018751 


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 record to show his date of birth (DOB) as 14 October 1924. 

2.  The applicant states his DOB is 14 October 1924 not 24 October 1924 as shown in his military records.  He was not aware of it until recently.

3.  The applicant provides his:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 September 1965  
* Commonwealth of Puerto Rico Certification of Birth
* California Driver License

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 was inducted into the Army of the United States (AUS) on 23 August 1943 and after serving for several periods of service in the AUS and Regular Army, he retired honorably on 30 September 1965.

3.  A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his DOB consistently appears as 24 October 1924.

4.  The applicant provides his:

* Commonwealth of Puerto Rico Certification of Birth, issued 27 November 1995, which lists his DOB as 14 October 1924
* California Driver License, which lists his DOB as 14 October 1924

5.  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 24 October 1924 throughout his military service.  This DOB is consistent with the DOB listed on his DD Forms 214 and all personnel documents throughout his military 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.  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:

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)                                         AR20130018751



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ABCMR Record of Proceedings (cont)                                         AR20130018751



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