BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140007785
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 military record to show his correct date of birth (DOB).
2. The applicant states his military record incorrectly shows he was born in 1938 instead of 1940.
3. The applicant provides copies of 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 47 (Record of Induction) completed during the applicants induction processing shows his DOB as 31 August 1938. It also shows he was inducted into the Army of the United States and entered active duty on 3 March 1958.
3. A DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450) shows his DOB as 31 August 1938. All of the documents in the applicant's record which contains his DOB list it as 31 August 1938 and the applicant authenticated these documents with his signature when required.
4. The applicant served continuously through several periods of reenlistment until he was retired from active duty on 31 March 1988. His DD Form 214 contains the entry "380831" in item 5 (DOB).
5. There are no documents in the applicant's record that list his DOB as "31 August 1940."
6. The applicant provides a copy of his Certification of Birth, which lists his DOB as "31 August 1940."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show his correct DOB as "31 August 1940."
2. The available evidence of record shows he served exclusively using the DOB of "31 August 1938."
3. 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 Official Military Personnel File (OMPF), there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional documentwill be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in those records.
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) AR20140007785
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