IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130020137
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1987 to show his date of birth (DOB) as "5 July XXXX" instead of "1 August XXXX."
2. The applicant states he just discovered the error and believes a typographical error was made with the recording of his DOB.
3. The applicant provides:
* Birth Certificate
* DD Form 214 for the period ending 31 March 1987
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. A Standard Form (SF) 88 (Report of Medical Examination), dated 22 July 1965, shows the applicant's DOB as 1 August XXXX.
3. On 23 July 1965, the applicant was inducted into the Army of the United States.
4. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows the date 1 August XXXX.
5. The applicant had continuous service from 1965 until his retirement on 31 March 1987. The available evidence includes four DD Forms 214 ending on 11 May 1967, 21 June 1970, 7 March 1971, and 31 March 1987; they all list his DOB as 1 August XXXX.
6. A review of his records shows his DOB was consistently recorded as 1 August XXXX throughout his entire period of military service.
7. The applicant provides a birth certificate, issued on 4 May 2001, which shows his DOB as 5 July XXXX.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. For item 5, the version in effect at the time stated to enter the date using a six-digit number written in year, month, and day sequence without spaces or slashes, e.g., 460801 for 1 August XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the DOB that is entered on his DD Forms 214 for the periods ending on 11 May 1967, 21 June 1970, 7 March 1971, and 31 March 1987.
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 desires to record the DOB shown on his birth certificate in his military records, 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 decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his birth certificate.
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) AR20130020137
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ABCMR Record of Proceedings (cont) AR20130020137
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