IN THE CASE OF:
BOARD DATE: 4 February 2015
DOCKET NUMBER: AR20140011270
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 records to show his date of birth (DOB) as 29 July instead of 28 July.
2. The applicant states he wishes to avoid any future problems.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of Veterans Affairs (VA) letter, dated 5 April 1993
* birth certificate
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 Standard Form 88 (Report of Medical Examination), dated 20 April 1970, shows his DOB as 28 July.
3. In connection with his induction into the Army of the United States, he completed a DD Form 398 (Statement of Personal History) and listed his DOB as 28 July.
4. On 16 September 1970, the applicant was inducted into the Army of the United States.
5. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 28 July.
6. On 26 May 1972, the applicant was honorably released from active duty. Item 9 (DOB) of his DD Form 214 shows his DOB as 28 July.
7. The applicant provided a copy of his DD Form 214 and a letter from the VA showing he was granted 100-percent service-connected disability.
8. He also provided a copy of his Certificate of Birth from the Government of Puerto Rico Department of Health issued on 15 June 1966 that shows his name and lists his DOB as 29 July.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It stated 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 applicant's military service records show he served exclusively under the DOB that is entered on his DD Form 214.
2. While it is understandable that he now desires to record the date shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 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.
3. The applicant is advised that a copy of this decisional document will be filed in his records. This should serve to clarify any questions or confusion regarding the difference in the birth date recorded in his military records and the date shown on his birth certificate.
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 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) AR20140011270
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ABCMR Record of Proceedings (cont) AR20140011270
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