IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019555
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) to show his date of birth (DOB) as 13 January 19XX vice 8 January 19XX.
2. The applicant states his DD Form 214 shows the wrong DOB. All of his life he had used 8 January 19XX as his DOB. His mother told him this was the date he was born and his birth was registered on 13 January 19XX. In November 2007, he requested a new birth certificate from Puerto Rico and the one he received shows he was actually born on 13 January 19XX. He updated most of his personal records but the Department of Veterans Affairs (VA) State representative told him that it was important that he notify the military about his DOB issue.
3. The applicant provides his DD Form 214, birth certificate, passport, driver license, Department of Defense/Uniformed Services Identification (ID) card, VA ID card, social security card, and orders.
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 into the Army of the United States (AUS) on 6 April 1967. His DD Form 47 (Record of Induction), dated 6 April 1967, shows his DOB as 8 January 19XX. On 6 April 1967, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 8 January 19XX.
3. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 8 January 19XX. He authenticated this form on 11 April 1967 by placing his signature in the appropriate block on that date and again when he audited the form on 17 February 1969.
4. His records contain numerous orders, personnel, legal, and medical documents to include a DD Form 41 (Record of Emergency Data) and DA Form 3027 (U.S. Army Request for National Agency Check) that all show his DOB as 8 January 19XX. He authenticated many of these documents by placing his signature in the appropriate block.
5. He was released from active duty on 4 April 1969 and he was transferred to the U.S. Army Reserve.
6. Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as 8 January 19XX.
7. The applicant provides a Commonwealth of Puerto Rico Certificate of Birth, issued on 1 November 2007, wherein it shows his DOB as 13 January 19XX.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that upon the applicant's induction into the AUS his DOB was listed as 8 January 19XX. This DOB is consistent with the DOB he used throughout his military service. He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct. He did not use the DOB that he now claims during his active duty 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. 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 that the applicant now desires to record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the DOB recorded in his military record and to satisfy his desire to have the DOB listed on his certificate of birth documented in his OMPF.
4. In view of the foregoing, 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) AR20130019555
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ABCMR Record of Proceedings (cont) AR20130019555
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