BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20140000775 


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 (Report of Separation from Active Duty) to show his date of birth as 16 November 1953 vice 15 November 1952.

2.  The applicant states his DOB is wrong on his DD Form 214.  He lied about his age to join the Army and does not want to go to his grave with the wrong DOB.

3.  The applicant provides his DD Form 214, certificate of birth, and social security card.

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 enlisted in the Puerto Rico Army National Guard (PRARNG) on 6 February 1972.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 6 February 1972, shows his DOB as 15 November 1952.  He authenticated this form on that date by placing his signature in the appropriate block to verify all the information contained on the DD Form 4 was correct.

3.  Letter Orders E-06-088, dated 17 June 1975, issued by Headquarters, First United States Army, involuntarily ordered him to active duty effective 22 July 1975.

4.  On 21 July 1975, he was discharged from the PRARNG.  His National Guard Bureau (NGB) Form 22, dated 21 July 1975, shows his DOB as
15 November 1952.

5.  On 22 July 1975, he entered active duty.  On 24 July 1975, he completed a DD Form 93 (Record of Emergency Data) wherein his DOB was listed as 15 November 1952.  He authenticated this form on that date by placing his signature in the appropriate block to verify the information listed on the form was correct. 

6.  His record contains numerous orders, personnel, legal, and medical documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 12 December 1975, that all show his DOB as 
15 November 1952.  He authenticated many of these documents by placing his signature in the appropriate block.

7.  He was discharged on 13 September 1976.  Item 4 (DOB) of the DD Form 214 he was issued shows his DOB as 15 November 1952.

8.  The applicant provides a Commonwealth of Puerto Rico Certificate of Birth, issued on 18 February 1999, wherein it shows his DOB as 16 November 1953.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's DOB was listed as 15 November 1952 upon his enlistment in the PRARNG and his entry on active duty.  This DOB is consistent with the DOB that he used throughout his military service.  He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct.  He did not use the DOB that he now claims during his active duty 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.  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 that the applicant now desires to record a different DOB on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

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 the DOB recorded in his military records and to satisfy his desire to have his current DOB documented in his OMPF.

4.  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)                                         AR20140000775





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ABCMR Record of Proceedings (cont)                                         AR20140000775



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