IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20140000071
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 military records to show his date of birth (DOB) as 5 January 1950 instead of 5 January 1949.
2. The applicant states, in effect:
* his birth certificate, passport, and the Social Security (Administration) have the right DOB
* he is unsure how his record was changed or when
3. The applicant provides:
* birth certificate
* passport
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 DD Form 47 (Record of Induction), dated 13 November 1968, shows his DOB as 5 January 1949. He was inducted into the Army of the United States on 13 November 1968 and he was honorably released from active duty (REFRAD) on 23 October 1970.
3. Item 9 (DOB) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 23 October 1970 shows the entry "5 Jan 49 [5 January 1949]."
4. He enlisted in the Regular Army on 7 January 1971 and remained on active duty through continuous reenlistments until he retired on 31 July 1989 in the rank of chief warrant officer three. He was ordered to active duty on 15 January 1991 in support of Operation Desert Shield/Storm and he was REFRAD on 17 May 1991.
5. All of his service personnel records and DD Forms 214 (Certificate of Release or Discharge from Active Duty) show his DOB as 5 January 1949.
6. He provides a copy of his birth certificate and passport which show his DOB as 5 January 1950.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the DOB shown in his military records is incorrect.
2. Although the birth certificate provided by the applicant shows his DOB as
5 January 1950, the evidence of record shows he reported his DOB as
5 January 1949 when he was inducted in 1968. It appears he appropriately served in and was retired using the DOB of 5 January 1949.
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 a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. 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 regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his OMPF.
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) AR20140000071
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000071
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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