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ARMY | BCMR | CY2014 | 20140001313
Original file (20140001313.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140001313 


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) for the period ending 14 March 1973 and DD Form 214 (Report of Separation from Active Duty) for the period ending 3 April 1979 to show his date of birth (DOB) as 20 April XXXX instead of 21 April XXXX.

2.  The applicant states:

* his DOB is wrong
* he discovered he had been using the wrong DOB after he found a copy of his birth certificate when his father passed away

3.  The applicant provides a certified abstract of 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 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 was inducted into the Army of the United States on 18 May 1971.

3.  Item 5 (DOB) of his DD Form 47 (Record of Induction) shows the date 21 April XXXX.

4.  A Standard Form 88 (Report of Medical Examination), dated 18 May 1971, shows the applicant's DOB as 21 April XXXX.

5.  On 14 March 1973, he was honorably discharged for immediate enlistment.  His DD Form 214 for this period shows his DOB as 21 April XXXX.  On 15 March 1973, he enlisted in the Regular Army.

6.  On 3 April 1979, the applicant was honorably discharged.  His DD Form 214 for this period shows his DOB as 21 April XXXX.

7.  On 10 September 1979, the applicant enlisted in the U.S. Army Reserve (USAR).  His DD Form 1966 (Application for Enlistment Armed Forces of the United States) shows his DOB as 21 April XXXX.

8.  On 21 April 2011, the applicant was placed on the Retired List.

 9.  The applicant provided a certified abstract of birth, filed on 21 May 1951, which shows his DOB as 20 April XXXX.

10.  A review of his records shows his DOB was consistently recorded as 21 April XXXX throughout his entire period of military service.

11.  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 to enter the DOB using a six-digit number written in year, month, and day sequence without spaces or slashes (e.g., 460801 for 1 August XXXX).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military service records show he served exclusively under the DOB that is entered on his DD Forms 214 for the periods ending 14 March 1973 and 3 April 1979.  On 10 September 1979, he enlisted in the USAR using the DOB 21 April 1979.

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 desires to record the DOB shown on his certified abstract of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document will be filed in his military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his certified abstract of birth.

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 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)                                         AR20140001313



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ABCMR Record of Proceedings (cont)                                         AR20140001313



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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