IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140013699
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 the year of his birth as 1949 instead of 1948.
2. The applicant states a typographical error occurred when his DD Form 214 was issued.
3. The applicant provides a copy of his DD Form 214 and his State of New Jersey Auto Driver License.
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 14 February 1968. His DD Form 47 (Record of Induction) shows the year of his birth as 1948.
3. He was honorably released from active duty and transferred to the U.S. Army Reserve on 19 September 1970. His DD Form 214 shows his year of birth as 1948.
4. His birth year is listed as 1948 throughout his entire military record. There is no evidence indicating he listed the year of his birth as 1949 at any time during his period of active military service.
5. He provided his State of New Jersey Auto Driver License, which shows his year of birth as 1949.
6. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated 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 contention that his DD Form 214 should be corrected to show his year of birth as 1949 has been carefully considered.
2. The evidence of record shows he listed his year of birth as 1948 throughout his entire period of active service. He did not use the requested year of birth, 1949, at any time 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 his desire to now record a different year of birth in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, there is no basis for granting his 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) AR20140011645
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ABCMR Record of Proceedings (cont) AR20140013699
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