BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012903
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 military service records to show his date of birth (DOB) as 12 April 1958 vice 12 October 1957.
2. He states his parents created and signed an affidavit in lieu of his original birth certificate so he could start school early. Until he could retrieve his original birth certificate, the affidavit was used to enlist in the Regular Army and for other business matters.
3. He provides his Certificate of Live Birth.
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. On 14 November 1974, he enlisted in the Army National Guard (ARNG).
3. On 2 October 1975, the applicant entered active duty for training. On 17 December 1975, he was released from active duty. Item 4 (DOB) of the DD Form 214 (Report of Separation from Active Duty) completed at that time shows the entry 12 October 1957.
4. On 19 October 1976, the applicant was honorably released from the ARNG.
5. On 20 October 1976, the applicant enlisted in the Regular Army (RA) using the DOB 12 October 1957.
6. On 28 July 1983, he was honorably discharged from the RA upon completion of required service. Item 5 (DOB) of the DD Form 214 issued at that time shows the entry 12 October 1957.
7. On 29 July 1983, the applicant entered the ARNG. On 15 September 1986, he was discharged with a general characterization of service due to unsatisfactory participation. Item 7 (DOB) of the NGB Form 22 (Report of Separation and Record of Service) completed at that time shows the entry 12 November 1957.
8. The Certificate of Live Birth he provided shows his DOB as 12 April 1958.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence indicating that the DOB shown on the applicants birth certificate was ever recorded in his military service records. In the absence of evidence showing otherwise, it must be presumed that the DOB entered on his DD Form 214 was the DOB of record at the time of his separation.
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 showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to records his DOB in his military records as it is listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 OMPF and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his OMPF.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicants 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) AR20140005268
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ABCMR Record of Proceedings (cont) AR20140012903
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