IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006753
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) to show his date of birth (DOB) as 10 April XXXX instead of 30 March XXXX.
2. The applicant states he always used 30 March XXXX, which is listed on his Certificate of Baptism as his DOB. When he obtained his Certificate of Birth it listed his DOB as 10 April XXXX.
3. The applicant provides his:
* DD Form 214
* Certificate of Baptism, printed in the Spanish language
* Certificate of Birth, printed in the Spanish language
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. On 9 October 1970, the applicant enlisted in the Regular Army. Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his DOB as 30 March XXXX.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his DOB consistently appears as 30 March XXXX.
4. On 2 May 1972, was released from active duty. Item 9 (DOB) of his DD Form 214 shows his DOB as 30 March XXXX.
5. The applicant provides the following documents that were printed in the Spanish language and translated as follows:
a. Certificate of Baptism, dated 27 February 1959, lists his DOB as 30 March XXXX.
b. Certificate of Birth, issued 21 December 2010, lists his DOB as 10 April XXXX.
6. 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 evidence of record shows the applicant listed his DOB as 30 March XXXX throughout his military service. This DOB is consistent with the DOB listed on all the personnel documents throughout his 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. 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) AR20140006753
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ABCMR Record of Proceedings (cont) AR20140006753
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