IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140004705
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 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as "16 September 19XX" instead of "15 September 19XX."
2. The applicant states his correct DOB is "16 September 19XX."
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States (AUS) on 7 July 1966. His records contain the following:
* DD Form 47 (Record of Induction), dated 7 July 1966, which lists his DOB as "15 September 19XX"
* DD Form 398 (Statement of Personal History), dated 28 September 1966, which lists his DOB as "15 September 19XX"
* DA Form 20 (Enlisted Qualification Record), dated 3 April 1968, which lists his DOB as "15 September 19XX"
3. He was released from active duty on 6 April 1968 and was transferred to the U.S. Army Reserve Control Group. Item 9 of his DD Form 214 lists his DOB as "15 September 19XX."
4. His records also contain a DA Form 41 (Record of Emergency Data), dated June 1968, which lists his DOB as "15 September 19XX."
5. He provided a copy of a State of Mississippi birth certificate, registered on 12 August 1975, which identified an individual with same first and last name of record as the applicant and who was born on "16 September 19XX."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 9 would list the DOB verified in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted into the AUS using the DOB of "15 September 19XX." There is no evidence of record and he did not provide sufficient evidence to show the DOB listed on his DD Form 214 was not the DOB he used at the time.
2. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Forms 214 were correct at the time they were prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
3. For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the DOB he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. A copy of this decisional document will be filed in his records to clarify the difference between his DOB currently used and the DOB used during his period of service in the AUS.
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.
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