IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011539
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 14 May 1936 vice 30 August 1937.
2. The applicant states his DD Form 214 incorrectly lists his DOB.
3. The applicant provides no additional evidence in support of his request.
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 was inducted into the Army of the United States on 5 January 1961, held military occupational specialty 625.10 (Concrete Equipment Operator), and attained the rank/grade of specialist four (SP4)/E-4.
3. His record does not contain any documents listing his DOB as 14 May 1936.
4. His record contained the following five documents that list his DOB as
30 August 1937:
* DD Form 47 (Record of Induction), dated 5 January 1961
* DD Form 93 (Record of Emergency Data), dated 3 June 1961, and to which he affixed his signature indicating the information contained therein was correct
* DA Form 428 (Application for Identification Card), dated 22 August 1963, and to which he affixed his signature indicating the information contained therein was correct
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214, showing he was honorably released from active duty on
26 November 1962, and to which he affixed his signature indicating the information contained therein was correct
5. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that 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 evidence of record shows that upon his induction into the Army of the United States, his DOB was listed as 30 August 1937. Additionally, all other documents in his record list his DOB as 30 August 1937, and he affixed his signature to some of these documents indicating 30 August 1937 was his correct DOB.
2. 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 a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. A copy of this decisional document will be filed in his official records to clarify the difference between the DOB used in his records and the date he requested.
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) AR20140011539
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