IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140011380
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 Official Military Personnel File (OMPF) to show his date of birth (DOB) as "16 March XXXX" instead of
"24 February XXXX."
2. The applicant states, in effect, the DOB he used throughout his military career is incorrect.
3. The applicant provides:
* Certificate of Birth
* United States Uniformed Services Identification (ID) Card
* Social Security Administration letter, dated 17 June 2014
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 applicants enlisted service records are not available for review. This case is being reviewed based on his Army Reserve officer appointment records.
3. With prior enlisted service, the applicant accepted an appointment as a Reserve commissioned officer in the rank of warrant officer one (WO1). He was ordered to active duty effect 14 June 1967.
4. All of the available evidence lists the applicant's DOB as "24 February XXXX."
5. The applicant retired for length of service on 31 August 1983. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as "24 February XXXX."
6. The applicant provided a copy of his certificate of birth and his ID card, which show his DOB as "16 March XXXX." The ID card was issued to him on 17 June 2014.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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. All of the evidence available requiring the use of his DOB shows his DOB as "24 February XXXX."
2. The applicant used "24 February XXXX" as his DOB throughout his Army service and it was annotated as such on his DD Form 214.
3. 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. 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 DOB in his military
records as it is listed on his birth certificate; however, 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 document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military records and satisfy his desire to have the DOB listed on his certificate of birth documented in his records.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20140011380
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011380
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