BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020591
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 Official Military Personnel File (OMPF) to show his date of birth (DOB) as "25 January 1948" instead of
"24 January 1948."
2. The applicant states, in effect, the DOB he used throughout his military career is incorrect.
3. The applicant provides a copy of his Certificate of Birth.
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 on 26 March 1968 and he was discharged and enlisted in the Regular Army on 1 April 1968. His DD Form 47 (Record of Induction) and DD Form 4 (Enlistment Record Armed Forces of the United States) show his DOB as "24 January 1948."
3. All documentation in the applicant's OMPF lists his DOB as "24 January 1948."
4. The applicant was released from active duty on 31 March 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as "24 January 1948."
5. The applicant provided a copy of his Certificate of Birth that shows his DOB as "25 January 1948."
6. Army Regulation 635-5 (Separation Documents) 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 the 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 service. 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. At the time of the applicants induction, he used "24 January 1948" as his DOB. All other documentation contained in his OMPF requiring the use of his DOB shows his DOB as "24 January 1948."
2. The applicant used "24 January 1948" as his DOB throughout his Army service and it was annotated as such on his DD Form 214.
3. 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 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.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and satisfy his desire to have his correct DOB documented in his military record.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20130020591
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ABCMR Record of Proceedings (cont) AR20130020591
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