IN THE CASE OF:    

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140005280 


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 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 6 February 1964, to show the year of his date of birth (DOB) as "1943" instead of "1941."

2.  The applicant states his birth certificate shows the year of his DOB as "1943."

3.  The applicant provides his DD Form 214 and his Certificate of Birth, issued by McCall Hospital in Rome, GA.

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 enlisted in the Georgia Army National Guard on 13 January 1959.  He completed a period of active duty from 26 April to 19 October 1959.  
3.  On 5 January 1961, he was inducted into the Army of the United States.  On 20 February 1961, he was discharged to immediately enlist in the Regular Army.

4.  On 21 February 1961, he enlisted in the Regular Army for 3 years.  

5.  All of the following documents in his Military Personnel Records Jacket (MPRJ) show the year of his DOB as "1941":

* AGPZ Form 109-1 (Request for Statement of Service), dated 
22 September 1961
* DD Form 214, for the period ending 19 October 1959
* DD Form 47 (Record of Induction), dated 5 January 1961
* DD Form 214, for the period ending 20 February 1961
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 21 February 1961

6.  On 6 February 1964, he was released from active duty.  The DD Form 214 he was issued shows the year of his DOB as "1941."

7.  There are no documents in his MPRJ that show the year of his DOB as "1943."

8.  The birth certificate he provided shows the year of his DOB as "1943."

9.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had multiple opportunities from 13 January 1959 to 6 February 1964 to correct his DOB; however, he consistently represented the year of his birth as "1941" throughout his period of military service.

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 understandable that he now desires to record his DOB in his military records as it is listed on his birth certificate, 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 MPRJ.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his MPRJ and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his MPRJ.

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20140005280



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ABCMR Record of Proceedings (cont)                                         AR20140005280



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