IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140004680 


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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 8 October XXXX vice 18 August XXXX.  

2.  The applicant states, in effect, the DOB on his DD Form 214 does not match other systems where his DOB is correct.  He was raised by his grandmother and enlisted in the service under his father's last name.  It wasn't until he paid for a copy of his birth certificate that he noted his last name was different.  All his records are under his father's last name and he asked the judge to allow a name change. 

3.  The applicant provides:

* DD Form 214
* Order to Change a Name
* Certificate of Live 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 records show he enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 22 August 1979.  Item 7 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document) shows his DOB as 18 August XXXX. 

3.  He was discharged from the DEP on 4 September 1979 and enlisted in the Regular Army on 5 September 1979.  His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II), which were created upon his entry on active duty, listed his DOB as 18 August XXXX. 

4.  His records contain other documents that list different DOBs: 

* Enlistment Standard Form 88 (Report of Medical Examination) - 18 August XXXX
* Separation Standard Form 88 - 16 August XXXX
* Immunization Record - 18 August 1960
* Standard Form 608 (Dental Record) -18 August XXXX
* Report of National Agency Check - 18 August XXXX

5.  He was honorably released from active duty on 3 September 1982.  Item 5 (DOB) of his DD Form 214 shows his DOB as 18 August XXXX. 

6.  He provides: 

	a.  An Order to Change A Name, dated 6 August 2013, that shows an individual's last name was changed from D--is to C---ey. 

	b.  Certificate of Live Birth issued on 3 March 2008 that shows an individual with the last name D--is was born on 8 October XXXX. 

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant for the most part consistently used the 18 August XXXX as his DOB during the entire time of his military service.  He authenticated some documents that contain this DOB.  

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 understood that he desires to now record the DOB listed on his birth certificate 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.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his DOB.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  A copy of this decisional document will be filed in his records to clarify the difference between the DOB listed in his records and the DOB listed on the birth certificate he provides.

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)                                         AR20140004680



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ABCMR Record of Proceedings (cont)                                         AR20140004680



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