IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017354
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 corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as XX March 1945 rather than XX March 1946.
2. The applicant states his DD Form 214 shows the wrong birth year.
3. The applicant provides photocopies of a State of Georgia Delayed Birth Certificate, a Georgia Department of Human Resources Vital Records Branch Certificate, and his DD Form 214.
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. When the applicant was inducted on 27 September 1968, the year of his birth was recorded as 1946. He later enlisted and reenlisted using that same year of birth. The year 1946 is the only year of birth found in his record including on an application for an identification card where his birth date was entered in his own distinctive printing style.
3. The applicant provided evidence from the State of Georgia that shows his year of birth is 1945.
3. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, prescribed the separation documents to be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provides a brief, clear-cut record of active Army service. It also specifies what source documents are to be used in completing a DD form 214. These include the service members' record brief, separation approval documents, orders and any other document authorized for filing in the official military personnel record.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant states that the year of birth 1946 as shown on his DD Form 214 is wrong, that is the only year of birth recorded throughout his military personnel record.
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 (emphasis added). 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 now desires a correction to his record, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. A copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the date of birth recorded in his military records and the date of birth shown on the State of Georgia birth 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) AR20140017354
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ABCMR Record of Proceedings (cont) AR20140017354
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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