IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016644
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 as 23 November 1950 vice 23 October 1950.
2. The applicant states his DOB is incorrect on his DD Form 214 and should show his DOB as 23 November 1950.
3. The applicant provides his DD Form 214 and a delayed certificate of 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. The applicant enlisted in the Regular Army on 29 November 1968. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 29 November 1968, shows his DOB as 23 October 1950.
3. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 23 October 1950.
4. On 20 May 1969, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 23 October 1950. He authenticated this form by placing his signature in the appropriate block on that date.
5. His record contains numerous personnel, legal, and medical documents, to include a DA Form 2784 (Request for and Results of Personnel Security Action), dated 11 May 1970, that all show his DOB as 23 October 1950. He authenticated many of these documents by placing his signature in the appropriate block.
6. He was honorably released from active duty on 29 November 1971 and he was transferred to the U.S. Army Reserve. Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as 23 October 1950.
7. The applicant provides a Georgia Department of Public Health Delayed Certificate of Birth, issued on 1 August 2014, wherein it shows his DOB as 23 November 1950.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant listed his DOB as 23 October 1950 upon his enlistment in the RA and his entry on active duty. This DOB is consistent with the DOB that he used throughout his military service. He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct. He did not use the DOB that he now claims at any time during his active duty service.
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 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 now desires to record a different DOB on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
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 military records and to satisfy his desire to have his current DOB documented in his OMPF.
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) AR20140016644
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ABCMR Record of Proceedings (cont) AR20140016644
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