IN THE CASE OF: 

		BOARD DATE:	    17 July 2014

		DOCKET NUMBER:  AR20130020621 


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 reissued DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 May 1988, to show his date of birth as XX Jxxx 1948 vice 1943. 

2.  The applicant states the DOB is incorrect due to an administrative error.

3.  The applicant does not provide any evidence (he indicated he is enclosing a birth certificate but none was received came with his application). 

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 record shows he enlisted in the Regular Army (RA) on 6 November 1967.  Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his year of birth as 1943. 

3.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his year of birth as 1943.

4.  He was honorably released from active duty on 23 October 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service listed his year of birth as 1949.

5.  He enlisted in the RA on 3 April 1970 and then reenlisted on 2 March 1971, 19 February 1974, and 29 November 1976.  His DD Forms 4 for each period of enlistment or reenlistment listed his year of birth as 1943.  

6.  He was issued a separate DD Form 214 for each period of enlistment or reenlistment indicated in item 4 above, all listing his year of birth as 1943. 

7.  He reenlisted in the RA on 30 June 1981.  His DD Form 4 listed his year of birth as 1943.  His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) which replaced his DA Form 20 listed his year of birth as 1943. 

8.  Multiple documents in his service records showed his year of birth as 1943 and include a DA Form 428 (Application for Identification Card) and DD Form 1584 (National Agency Check).

9.  He was discharged on 26 August 1987 for the good of the service in lieu of trial by a court-martial with an under other than honorable conditions characterization of service.  His DD Form 214 listed his year of birth as 1943.  

10.  In July 1992, after reviewing his case, the Army Discharge Review Board (ADRB) recommended his discharge be upgraded to honorable.  Accordingly, his DD Form 214 was revoked and he was issued a new DD Form 214 showing he was discharged on 26 August 1987 by Secretarial Authority with an honorable characterization of service.  This DD Form 214 listed his year of birth as 1943.

11.  Subsequent to the ADRB review, the ABCMR reviewed his case and recommended his retirement by reason of sufficient service for retirement.  Accordingly, his DD Form 214 was revoked and he was issued a new DD Form 214 showing he retired on 31 May 1988 with an honorable characterization of service.  This DD Form 214 listed his year of birth as 1943.

12.  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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's initial enlistment contract in 1967 shows his year of birth as 1943.  His DA Form 20 which was created upon his entry on active duty listed a similar year of birth.  However, the resulting DD Form 214 from this period of service listed his year of birth as 1949.

2.  He then enlisted or reenlisted on at least 5 separate occasions.  He also received multiple separation documents for each period of enlistment or reenlistment.  Each enlistment/reenlistment document and each corresponding separation document listed his year of birth as 1943.

3.  Additionally, the year of birth 1943 is consistent with the year of birth listed on all his military documents, aside from his 1969 DD Form 214.  This included his twice-reissued DD Form 214.  The 1943 year of birth was overwhelmingly used throughout his military service.

4.  It is unclear why the applicant listed his year of birth as 1943 between 1967 and 1988 but now has a different year of birth.  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. 

5.  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 a different year in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  Unfortunately, the preponderance of the evidence does not support his contention.

6.  Absent convincing independent and verifiable evidence to confirm he served under the requested year of birth, it is presumed that the applicant's military service records, including the DD Form 214, are correct.  Therefore, there is insufficient evidence to grant him relief in this case.  However, a copy of this decisional document will be filed in his records so as to clarify the difference between the DOB listed in his records and the DOB he claims. is coerrect

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)                                         AR20130020621





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ABCMR Record of Proceedings (cont)                                         AR20130020621



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