IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130021643
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 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
15 February 1968 to show his date of birth (DOB) as 8 February 1947.
2. The applicant states, in effect, his DOB on his DD Form 214 does not match his DOB on his birth certificate.
3. The applicant provides
* State of California, Certification of Vital Record, City and County of San Francisco
* DD Form 214 with an effective date of 15 February 1968
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. When the applicant's Military Personnel Records Jacket (MPRJ) was received from the National Personnel Records Center (NPRC), St. Louis, MO it did not contain any records of his service in the Regular Army (RA) from 16 February 1965 to 15 February 1968 other than his DD Form 214 with an effective date of 15 February 1968.
3. His DD Form 214 shows he enlisted in the RA on 16 February 1965 for a period of 3 years and he was released from active duty on 15 February 1968. His DD Form 214 shows his DOB as 8 February 1944.
4. His MPRJ does contain records from his enlistment in the Illinois Army National Guard (ILARNG). The following documents from his enlistment in the ILARNG show his DOB as 8 February 1944:
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States), signed by him on 29 March 1985
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 29 March 1985, showing his enlistment in the ILARNG for 1 year
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) for his service from 29 March 1985 to 28 March 1986
5. The birth certificate submitted by the applicant shows his DOB as 8 February 1947.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DOB would have been verified at the time of his enlistment in the Regular Army on 16 February 1965. However, without records from his RA enlistment it
is not possible to determine what document was used to verify his DOB. Therefore, it is presumed the DOB on his DD Form 214 with an effective date of
15 February 1968 is correct.
2. When he enlisted in the ILARNG 17 years later his DOB is entered as
8 February 1944. His enlistment and discharge documents show his DOB as
8 February 1944.
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 DOB that is listed on his birth certificate 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 MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his MPRJ and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his MPRJ.
5. In view of the foregoing, there is an insufficient evidentiary 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) AR20130021643
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ABCMR Record of Proceedings (cont) AR20130021643
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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