IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014516
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 that his DD Forms 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that his date of birth (DOB) is 24 March instead of 22 March.
2. The applicant states that his DD Forms 214 incorrectly show his DOB as 22 March instead of 24 March.
3. The applicant provides copies of his DD Forms 214 and his 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 enlisted in the Regular Army on 12 February 1975 for a period of 4 years, training as an air defense artillery short-range crewman and a cash enlistment bonus. At the time of his enlistment he indicated his DOB was 22 March and his records were prepared accordingly.
3. He completed his training and was transferred to Hawaii for his first assignment. On 16 November 1978, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at that time shows his DOB as 22 March.
4. He reenlisted on 17 November 1978 for a period of 3 years and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 5 January 1982.
5. On 14 March 1986, he was honorably discharged under the provisions of Army Regulation 635-200 and the Qualitative Management Program.
6. A review of his official records shows that he served all of his service using the DOB of 22 March.
7. The birth certificate provided by the applicant shows his DOB as 24 March.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicants enlistment he provided the DOB that is reflected on his DD Form 214 and all other documents contained in his military record. He has not offered any explanation as to why he served under a DOB other than that which is listed on his Birth Certificate. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 his correct DOB in his military records, 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 records. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his official records.
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) AR20140014516
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