IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019858
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) dated 2 June 1991 to show that his date of birth (DOB) as 30 May 1931 instead of 29 May 1931.
2. The applicant states that his day of birth is incorrectly reflected on his DD Form 214 and he has a problem sometimes when applying for something and the birthday is different.
3. The applicant provides a copy of his DD Form 214.
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 originally inducted on 30 October 1951 and indicated that his DOB was 29 May. He served under that DOB until he was honorably released from active duty on 29 July 1953 and he was transferred to the Louisiana Military District, now known as the United States Army Reserve (USAR). He was discharged from the USAR in 1959.
3. In May 1972 he enlisted in the USAR and indicated that his DOB was
29 May 1931. He continued to serve in the USAR through a series of continuous reenlistments and on 27 November 1990, he was ordered to active duty in support of Operation Desert Shield/Storm. He served until he was honorably released from active duty (REFRAD) on 2 June 1991 and his DD Form 214 issued at the time of his REFRAD shows his DOB as 29 May 1931, the same date used throughout his career.
4. Army Regulation 635-5 (Separation Documents) serves 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. All of the available documents contained in the applicants official records indicate that the applicant served with a day and month of birth of 29 May and he has not provided a sufficient explanation as to why or provided evidence to show that he did not serve with that day and month of birth. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB 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) AR20130019858
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ABCMR Record of Proceedings (cont) AR20130019858
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