IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001839
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his date of birth (DOB) is 21 December 1950 and not 23 December 1950.
2. The applicant states his DD Form 214 incorrectly reflects that his DOB is the 23rd instead of the 21st of December 1950.
3. The applicant provides copies of his DD Form 214 and birth 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 was inducted on 2 September 1970. At the time of his induction his records were prepared to show his DOB as 23 December. All of the documents prepared by the applicant also reflected a DOB of 23 December such as a DD Form 398 (Statement of Personal History) dated 5 October 1975 and a Standard Form 88 Report of Medical Examination, dated 16 December 1969.
3. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as an infantryman at Fort Polk, Louisiana and was transferred to Germany on 13 February 1971.
4. He departed Germany on 24 March 1972 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD). His DD Form 214 issued at the time of his REFRAD shows his DOB as
23 December 1950.
5. A review of his official records shows that he served under the same DOB as reflected on his DD Form 214 throughout his entire period of service and his records contain no documents indicating his DOB as 21 December 1950.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army using a DOB of 23 December 1950 and he served under that DOB.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 change his 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.
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 record and to satisfy his desire to have his current DOB documented in his OMPF. Accordingly, 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) AR20140001839
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ABCMR Record of Proceedings (cont) AR20140001839
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