BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140012799 


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 National Archives and Records Administration (NA) Form 13038 (Certification of Military Service) and his DD Form 214 (Report of Separation from Active Duty) to show the proper spelling of his last name and his accurate discharge date, rank/grade at discharge, and date of birth.

2.  The applicant states:

* his last name should be spelled C____, not G____
* his discharge date should show 19 March 1976, not 21 March 1968
* his rank/grade at discharge should show staff sergeant/E-6, not private/
E-1
* his date of birth should reflect 3 May 1947, not 2 May 1947
* he would like his records corrected to enable his receipt of Department of Veterans Affairs benefits

3.  The applicant provides:

* NA Form 13038, dated 11 May 2009
* DD Form 214, effective 19 March 1976
* birth certificate



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 requests correction of his NA Form 13038, dated 11 May 2009, to reflect the proper spelling of his last name and his accurate discharge date, rank/grade at discharge, and date of birth.  The NA Form 13038 is issued by the National Personnel Records Center (NPRC) for use in establishing eligibility for veterans' benefits and is considered the equivalent of a DD Form 214 when that document is not available.  It is not an Army record.  Should he desire correction of his NPRC-issued NA Form 13038, the applicant may submit a request in writing to the NPRC, Military Personnel Records, 1 Archives Drive, St. Louis, MO  63138.  Based on this information, the applicant's request pertaining to correction of his NA Form 13038 will not be discussed further in this Record of Proceedings.

3.  On 21 March 1968, the applicant enlisted in the Regular Army.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his birth date as 2 May 1947.

4.  On 21 March 1970, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period of active duty service shows his last name spelled as C____, his rank/grade as sergeant/E-5, and his date of birth as 2 May 1947.

5.  On 22 March 1970, he entered his second period of active duty service.  On 19 March 1976, he was honorably discharged.  His DD Form 214 for this period of active duty service shows his last name spelled as C____, his rank/grade as staff sergeant/E-6, and his date of birth as 2 May 1947.

6.  Records show he consistently used the birth date of 2 May 1947 throughout his service.  There is no record of 3 May 1947 as his birth date in any of his available service documents.

7.  The applicant provided a copy of his birth certificate which shows his birth date as 3 May 1947.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide an individual with documentary evidence of his or her military service.  It is important that information entered on the form is complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the proper spelling of his last name and his accurate discharge date, rank/grade at discharge, and date of birth was carefully considered.

2.  The requested spelling of his last name, discharge date, and discharge rank/grade are properly shown on his DD Form 214 for the period 22 March 1970 through 19 March 1976.  Therefore, no action is required.

3.  There is no evidence the birth date shown on his birth certificate was ever recorded in his military records.  The birth date shown on his DD Form 214 is the same birth date used throughout his military service records, to include his initial enlistment contract.  Therefore, there is insufficient evidence with which to grant the requested relief.

4.  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 desires to now record his birth date in him military records as it is shown on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

5.  A copy of this decisional document will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the birth date recorded in his military records and the birth date shown on his birth certificate.



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 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)                                         AR20140012799



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ABCMR Record of Proceedings (cont)                                         AR20140012799



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