IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002500
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 item 5 (date of birth (DOB)) his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 July 1992, to show his DOB as 15 December 1951. He furthers requests that this Board inform the Defense Finance Accounting Service (DFAS) of his correct social security number (SSN).
2. The applicant states:
* he recently applied for his Civil Service Retirement and discovered that his DOB is incorrect
* he discovered that his SSN is incorrect on his Retiree Pay Account
* he has to have a corrected DD Form 214 or DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
3. The applicant provides his:
* DD Form 214, dated 13 July 1992
* Arkansas State Board of Health Certificate of Live Birth
* Texas Driver License
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 did not submit any evidence showing that he attempted to contact DFAS regarding his SSN. Therefore, he has failed to exhaust his administrative remedies and this issue will not be discussed any further in this record of proceedings.
3. On 14 July 1972, the applicant enlisted in the Regular Army (RA). Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his DOB as 15 December 1952.
4. The applicant's available records show he reenlisted in the Regular Army on
30 October 1974, 17 November 1977, and 19 January 1984, and his enlistment contracts show his DOB as 15 December 1942, 15 December 1952, and
15 December 1953, respectively.
5. The applicant's record contains a DA Form 5137-R (Application for Voluntary Mobilization Pre-assessment), dated 11 May 1992, which shows in item 2b (DOB) his DOB as 15 December 1954.
6. On 31 July 1992, he retired honorably. Item 5 of his DD Form 214, 13 July 1992, shows his DOB as 15 December 1954.
7. The applicant provides:
a. an illegible Arkansas State Board of Health Certificate of Live Birth, issued on 5 September 1952, which lists his DOB as 15 December 1951; and
b. his Texas Driver License, issued on 12 September 2011, lists his DOB as
15 December 1951.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The documents in the applicant's record show four different DOBs when he served in an active service status excluding the one he is requesting. None of them show the DOB he requests.
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. While it is understandable that the applicant desires to have the DOB that he now uses recorded in his record, 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 Record of Proceedings will be filed in his military records. This should clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the requested DOB documented.
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) AR20140002500
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140002500
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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