IN THE CASE OF:	  

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140004035 


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, in effect, correction of his DD Forms 214 (Report of Separation from the Armed Forces of the United States), (Armed Forces of the United States Report of Transfer of Discharge), and (Report of Separation from Active Duty)) for the periods ending on 14 January 1952, 26 August 1952, 
6 September 1955, 30 October 1958, 13 March 1960, 13 March 1964, 13 March 1967, 13 March 1970, and 31 May 1974 to show his date of birth (DOB) 
"25 Nxxxxxxx XXXX."

2.  The applicant states he lost his wallet last year.  While he was in the process of trying to replace his identification (ID) cards he discovered his military ID card and DD Forms 214 have incorrectly listed his DOB as listed on his birth certificate.  As such, he is unable to get a State ID card to replace his lost drivers license because the DOB on his military ID card and birth certificate do not match.

3.  The applicant provides his certificate 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’s available records indicate he enlisted in the Puerto Rico Army National Guard (PRARNG) on 1 February 1946.  He served through a series of reenlistments in the PRARNG and in the Regular Army and was retired from active duty on 31 May 1974.

3.  His record contains a series of enlistment records as listed below, which list his DOB as "23 Nxxxxxxx XXXX":

* DD Form 4 (Enlistment Record – National Guard of the United States), dated 15 January 1952
* DD Form 4 (Enlistment Record – United States), dated 27 August 1952 and  28 November 1955
* DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 21 January 1959, 14 March 1960, 14 March 1964, 14 March 1967, and 14 March 1970

4.  His record contains WD AGO Forms 20 (Soldier’s Qualification Card), dated 
1 February 1946, 8 October 1950, and 15 January 1952.

	a.  The WD AGO Form 20 dated 1 February 1946 shows his DOB as 
"25 Nxxxxxxx XXXX."

	b.  The WD AGO Forms 20 dated 1 February 1946, 8 October 1950, and 
15 January 1952 show his DOB as "23 Nxxxxxxx XXXX."

5.  His record contains two (version 1 November 1954) of his DA Form 20 (Enlisted Qualification Record), dated from 27 August 1952 to 26 August 1955 and from 28 November 1955 to 27 November 1958, showing his DOB as 
"23 Nxxxxxxx XXXX."

6.  His record contains a DD Form 398 (Statement of Personal History), dated 
4 July 1968, wherein he listed his DOB as "26 Nxxxxxxx XXXX."



7.  His record contains two DA Forms 20 (version 1 January 1965), dated 
6 October 1971 and 16 February 1973 showing his DOB as "23 Nxxxxxxx XXXX."

8.  His record contains nine DD Forms 214 for the periods ending on 14 January 1952, 26 August 1952, 6 September 1955, 30 October 1958, 13 March 1960, 
13 March 1964, 13 March 1967, 13 March 1970, and 31 May 1974.  These DD Forms 214 all show his DOB as "23 Nxxxxxxx XXXX."

9.  The previously-listed documents represent the most important personnel documents in his record, as such, only these documents have been listed.  However, an extensive review of all the remaining documents in his record was conducted.  These documents, while too numerous to list, show his DOB listed as either "23 Nxxxxxxx XXXX" or "26 Nxxxxxxx XXXX."

10.  The applicant provided his certificate of birth.  His certificate of birth shows his DOB as "25 Nxxxxxxx XXXX."

11.  Army Regulation 635-5 (Separation Documents) 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 states that 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 evidence of record shows his DOB listed as both "23 Nxxxxxxx XXXX" and "26 Nxxxxxxx XXXX" throughout his entire period of military service, but never as “25 Nxxxxxxx XXXX.”

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 record his correct 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.  A copy of this decisional document will be filed in his official records to clarify the difference between the DOB used in his records and that shown on his certificate 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 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)                                         AR20140004035





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004035



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1