IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000860
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 6 August 1953 vice 5 August 1953.
2. The applicant states his DOB is incorrect on his DD Form 214; his certificate of Birth shows his DOB as 6 August 1953.
3. The applicant provides his DD Form 214, certificate of birth, and Honorable Discharge Certificate.
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 Regular Army (RA) on 4 December 1972. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 4 December 1972, shows his DOB as 5 August 1953. 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. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 5 August 1953. He authenticated this form on 7 December 1972 by placing his signature in the appropriate block on that date and again when he audited the form on 3 December 1974.
4. His record contains numerous orders, personnel, legal, and medical documents that all show his DOB as 5 August 1953. He authenticated many of these documents by placing his signature in the appropriate block.
5. He was honorably released from active duty on 3 December 1974 and he was transferred to the U.S. Army Reserve. Item 4 (DOB) of the DD Form 214 he was issued shows his DOB as 5 August 1953.
6. The applicant provides a District of Columbia Certificate of Birth, issued on 31 July 2009, wherein it shows his DOB as 6 August 1953.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's DOB was listed as 5 August 1953 upon his enlistment in the RA 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 at any time 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) AR20140000860
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ABCMR Record of Proceedings (cont) AR20140000860
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