IN THE CASE OF
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130021154
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 Discharge or Release from Active Duty) to show his date of birth (DOB) as
26 June 1939.
2. The applicant states that he used the DOB of 29 June 1939 while in the Army and he needs it corrected to show the date on his birth certificate (26 June 1939).
3. The applicant provides a copy of his Florida Birth Certificate showing his DOB as 26 June 1939.
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 records show he enlisted in the Regular Army on
3 September 1957 using the DOB of 29 June 1939. In a 20 January 1966 reenlistment he again used the DOB of 29 June 1939.
3. A DA Form 3713 (Data for Retired Pay) shows his DOB as 25 June 1939.
4. He retired effective 31 March 1989. His DD Form 214 shows his DOB as
25 June 1939.
5. There are no available military records showing he used the DOB 26 June 1939 during his active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of 29 June 1939 on his enlistment and reenlistment and the DOB of 25 June 1939 on his data for retired pay. There is no available evidence showing he used the DOB of 26 June 1939 during his active military 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the DOB that is 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 Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in information recorded in the military record and to satisfy the applicant's desire to have the correct information documented in his OMPF.
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) AR20110002677
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021154
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