BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008746
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 4 (Date of Birth (DOB) of his DD Form 214 (Report of Separation from Active Duty) to show his DOB as 29 April 1959 instead of 26 April 1958.
2. The applicant states the DOB on his DD Form 214 is wrong and should read 29 April 1959.
3. The applicant provides his:
* DD Form 214
* 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 military records are not available for review. However, his available record contains a DD Form 214, which is sufficient documentation remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. His DD Form 214 shows in:
* item 4 (DOB), the entry 26 April 1959
* item 9d (Effective Date), he was honorably released from active duty on 14 October 1977
* item 15 (Date Entered Active Duty This Period), he entered active duty from the Army National Guard on 20 May 1977
* item 29 (Signature of Person Being Separated), he authenticated this document with his signature
4. He submitted a copy of a certified copy of a State of Tennessee, Certificate of Live Birth issued on 26 October 1978 that shows his DOB as 29 April 1959.
5. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be changed to reflect his DOB as 29 April 1959.
2. While it is understood that the applicant desires to have his DD Form 214 corrected to show the DOB that he now claims is correct, his record is not available to show that he served using any other DOB than what is shown on his DD Form 214. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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.
4. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his DD Form 214 and to satisfy his desire to have his correct DOB documented in his record.
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) AR20140008746
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008746
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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