IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140017167
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, in effect, correction of item 6 (Date of Birth (DOB)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the DOB listed on his birth certification.
2. The applicant states the DOB listed on his DD Form 214 is wrong.
3. The applicant provides his DD Form 214 and birth certification.
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 22 September 1961, the applicant was inducted into the Army of the United States. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as XX March 1938.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, consistently shows his DOB as XX March 1938.
4. On 21 September 1963, he was released from active duty. Item 6 of his DD Form 214 shows his DOB as XX March 1938.
5. He submitted a copy of a State of South Carolina, Certification of Vital Record-Certification of Birth, issued on 2 September 2014, which shows his DOB as XX October 1937.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service, or control of the Army. It establishes standardized policy for preparation of the DD Form 214 and states 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 contends his DD Form 214 should be changed to reflect his DOB as XX October 1937.
2. While it is understood that the applicant desires to have his DD Form 214 corrected to show the DOB that he now claims is correct, his record does not show that he served using that DOB. He only used the DOB listed on his
DD Form 214. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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.
4. The applicant is advised that a copy of this decisional document will be filed in his available record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his DD Form 214 and to satisfy his desire to have the DOB listed on his certification of birth documented in his record.
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) AR20140017167
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140017167
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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