IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140011973
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 15 XXXX 1939 instead of 14 XXXX 1949.
2. The applicant states his DOB is 15 XXXX 1939.
3. The applicant provides:
* Amended Birth Certificate
* DD Form 214 (member copy 1 and 5)
* DD Form 215 (Correction to DD Form 214), dated 27 April 1970
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 enlisted in the Regular Army on 4 June 1968. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his DOB as 14 XXXX 1949. His service record contains a DA Form 2496-1 (Disposition Form), dated 7 June 1968, which indicates the applicant claimed his correct date or place of birth was 14 XXXX 1939.
3. His service record contains the following documents which show his DOB as 14 XXXX 1939:
* DD Form 398 (Statement of Personal History)
* DD Form 1584 (National Agency Check Request)
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)
4. He was discharged from active duty on 17 January 1970. The DD Form 214 he was issued shows his DOB as 14 XXXX 1949.
5. His service record contains a copy of his Certificate of Baptism, dated 16 January 1980, which shows his DOB as 15 XXXX 1939.
6. He provided a DD Form 215, dated 27 April 1970, that corrected his DD Form 214 to show his DOB as 14 XXXX 1939.
7. He also provided a copy of his amended birth certificate which shows his DOB as 15 XXXX 1939.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It states that 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. 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 have the requested DOB recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicant's amended birth certificate shows his DOB as 15 XXXX 1939, documents in his military personnel records show his DOB as 14 XXXX 1939. Additionally, at the time of his enlistment, he indicated that his DOB was 14 XXXX 1939 and his records were later corrected to reflect his DOB as
14 XXXX 1939.
3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the birth day recorded in his military records and to satisfy his desire to have the requested birth date documented in his OMPF.
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) AR20140011973
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011973
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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