IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140012277
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 "22 June XXXX" vice "23 June XXXX."
2. The applicant states, in effect, his DOB was incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and:
* a letter from the Department of Veterans Affairs (VA), dated 2 July 2014
* his Puerto Rico birth certificate
* his social security card
* his VA identification card
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
15 September 1960 and held military occupational specialty 111.00 (Light Weapons Infantryman).
3. His record does not contain any documents that list his DOB as "22 June XXXX."
4. His record contained the following documents that list his DOB as "23 June XXXX":
* 2 Standard Forms (SF) 89 (Report of Medical History), dated
15 September 1960 and 9 August 1961
* 2 SFs 88 (Report of Medical Examination), dated 15 September 1960 and 9 August 1961
* a DD Form 47 (Record of Induction), dated 15 September 1960
* a DD Form 93 (Record of Emergency Data), dated 15 September 1960; he affixed his signature to this form indicating the information contained therein was correct
* a DA Form 20 (Enlisted Qualification Record)
* a DD Form 214, showing he was released from active duty on 10 August 1961; he also affixed his signature to this document indicating the information contained therein was correct
5. He provides a copy of his Puerto Rico birth certificate, which lists his DOB as "22 June XXXX." He also provides his social security card and a VA identification card; however, neither shows his DOB.
6. 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 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. The applicant's request for correction of his DD Form 214 to show his DOB as "22 June XXXX" was carefully considered.
2. The evidence of record shows that upon his induction into the Army of the United States, his DOB was listed as "23 June XXXX." Additionally, all other documents in his record list his DOB as "23 June XXXX," and he affixed his signature to some of these documents indicating his DOB was correct. He did not use the requested DOB during his period of active military service.
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 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.
4. 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 DOB listed on his certificate of birth.
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) AR20140012277
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ABCMR Record of Proceedings (cont) AR20140012277
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