IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20130022352
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 Release or Discharge from Active Duty), ending on 31 August 1985, to show his date of birth (DOB) as 15 vice 14 April 19XX.
2. The applicant states he needs his DD Form 214 corrected for personal reasons.
3. The applicant provides his DD Form 214, ending on 31 August 1985, and a certificate of live 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 applicants 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 applicants 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 served in an enlisted status between 23 September 1960 and 30 April 1971 as well as from 5 October 1977 to 21 September 1981. He was issued multiple separation documents, all listing his DOB as 14 April 19XX. This includes the following documents:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 23 September to 24 November 1960
* DD Form 214 for the period 25 November 1960 to 18 December 1961
* DD Form 214 for the period 19 December 1961 to 12 January 1965
* DD Form 214 for the period 13 January 1965 to 30 April 1971
* DD Form 214 for the period 5 October 1977 to 21 September 1981
3. He was appointed as a Reserve warrant officer of the Army, with concurrent call to active duty, and executed an oath of office on 22 September 1981. His record also contains the following documents that list his DOB as 14 April 19XX:
* Officer Record Brief
* DA Form 2A (Personnel Qualification Record-Part I)
* DA Form 3713 (Application for Retired Pay)
* DA Form 4240 (Data for Payment of Retired Personnel)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
4. On 31 August 1985, he retired and he was placed on the Retired List on 1 September 1985. Item 5 (DOB) of his DD Form 214 shows his DOB as 14 April 19XX. He authenticated this form with his signature.
5. He provides a birth certificate of an individual with the same name as the applicant; however, the DOB is listed as 15 April 19XX.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant consistently used the 14 April 19XX DOB during the entire time that he served during his enlisted as well as his commissioned service. He authenticated several documents that contain this DOB.
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 the applicant desires to now record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his year of birth at this late date. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. 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 that listed 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) AR20130022352
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ABCMR Record of Proceedings (cont) AR20130022352
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