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ARMY | BCMR | CY2014 | 20140012165
Original file (20140012165.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140012165 


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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as X May 1953 vice X May 1952.

2.  The applicant states his DOB is incorrect on his DD Form 214; he was born on X May 1953.

3.  The applicant provides his DD Form 214 and a birth certification.

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 (RA) on 6 January 1970.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) for this period of service is not available for review with this case.

3.  He was honorably released from active duty on 20 April 1972 and he was transferred to the U. S. Army Reserve.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows his DOB as X May 1952.  He authenticated this form on 20 April 1972 by placing his signature in the appropriate block to verify all the information contained on the DD Form 214 was correct.

4.  On 1 August 1972, he enlisted in the RA.  His DD Form 4, dated 1 August 1972, shows his DOB as X May 1952.  His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty during this period of service, shows his DOB as X May 1952. 

5.  He continued to serve on active duty in the RA through several periods of reenlistments and/or extensions.  His record contains numerous personnel, legal, and medical documents to include several DD Forms 4 that all show his DOB as X May 1952.  He authenticated many of these documents by placing his signature in the appropriate block.

6.  On 29 November 1990, in conjunction with his upcoming retirement, he completed a DA Form 3713 (Data for Retired Pay) wherein he listed his DOB as X May 1952.

7.  He was retired from active duty on 31 January 1991.  Item 5 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as X May 1952.

8.  The applicant provides a birth certification, issued on 16 April 2007, that shows his DOB as X May 1953.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant listed his DOB as X May 1952 upon his initial enlistment in the RA and his entry on active duty.  This DOB is consistent with the DOB that he used throughout all periods of his military service.  He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct.  He did not use the DOB that he now claims at any time during his active duty service.

2.  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 that the applicant now desires to record a different DOB on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

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 DOB recorded in his military records and the DOB shown on his birth certification.

4.  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)                                         AR20140012165





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ABCMR Record of Proceedings (cont)                                         AR20140012165



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