IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140017634
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 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his DOB to 24 September 1947.
2. The applicant states that the wrong DOB is recorded.
3. The applicant provides:
* his DD Form 214
* a Certification of Vital Record
* a notarized affidavit
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 7 February 1968, 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 23 September 1947.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his DOB consistently appears as 23 September 1947.
4. On 28 January 1970, he was released from active duty. Item 9 of his DD Form 214 shows his DOB as 23 September 1947.
5. He submitted a:
a. City of Houston, TX, Certification of Vital Record, issued on 18 April 1994, that shows his DOB as 24 September 1947 and
b. notarized affidavit, dated 22 September 2014, wherein he states that he was born on 24 September 1947.
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 duty. 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 24 September 1947.
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 any other DOB than what is shown 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 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.
4. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his DD Form 214.
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) AR20140017634
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ABCMR Record of Proceedings (cont) AR20140017634
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