IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140010363
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 her records to show her date of birth (DOB) as XX February 1953.
2. The applicant states the error was found when she applied for a Social Security Number and had to obtain her birth certificate.
3. The applicant provides copies of:
* a birth certificate with her name listed as S____ F____
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with her name listed as S____ N____)
* Certificate of Marriage to L_____ B____
* Divorce Decree from L_____ B____
* Certificate of Marriage to E____ N____
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 served on active duty from 9 September 1977 through 31 October 1998 under the last names of F____, B_____, and N____.
3. All of the documents contained in her military records show a DOB of
XX March 1955.
4. The marriage and divorce documents provided show her DOB as XX March 1955, as does her York College transcript submitted at the time of her initial enlistment.
5. The birth certificate, issued on 2 May 2013, show her DOB as XX February 1953. It also shows that her middle name was amended on 2 May 2013.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation. The fact that the applicant wants to change her DOB some 16 years after her military service ended is insufficient to justify changing her military records, as they were originally constituted.
2. Further, in light of the fact that not only her military records but her marriage certificates, divorce decrees, and college transcript all show her DOB as
XX March 1955, the presumption of administrative regularity should be applied and the applicant's request denied.
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) AR20140010363
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010363
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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