IN THE CASE OF:  	  

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20140018469 


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 the date of birth (DOB) recorded in his military records.

2.  The applicant states that his DOB is "31 December XXXX" not "30 December XXXX."

3.  The applicant provides a copy of his birth certificate and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 24 September 1964.  Item 5 (DOB) contains the entry, 
"30 Dec XXXX."

3.  A DA Form 20 (Enlisted Qualification Record) shows in item 6 (DOB) the entry, "30 Dec XX."  The applicant reviewed this document on 21 October 1965.

4.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 25 November 1964, shows he entered in item 5 (DOB) the entry, "30 Dec XX" and that he placed his signature on the document.

5.  A DD Form 214 shows the applicant entered active duty on 24 September 1964, was honorably released from active duty on 23 September 1966, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  It also shows in –

* item 6 (DOB):  "30 Dec XX"
* item 34 (Signature of Person Being Transferred or Discharged), the applicant's signature

6.  A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the USAR on 25 March 1975.  It also shows in item 21 (DOB) the entry "41 12 30" (i.e., 30 December XXXX) and that he placed his signature on the document.

7.  A DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the applicant reenlisted in the USAR on 20 February 1977.  It also shows in item 7 (DOB) the entry "30 December XXXX" and that he placed his signature on the document.

8.  In support of his request, the applicant provides a copy of a State of Mississippi, Department of Health, Vital Records, Standard Certificate of Live Birth, that shows the applicant was born on "12-31-XXXX" [December 31, XXXX].  The document was certified by the State Health Officer and State Registrar on 
2 October 2001 as a true and correct copy of the certificate on file with the Mississippi State Board of Health.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.
   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including enlistment documents, the Enlisted/Officer Qualification Record, and orders.

   b.  The instructions for item 6 show, "self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Standard Certificate of Live Birth shows his DOB as
"31 December XXXX."

2.  The evidence of record shows that upon processing for entry into military service the applicant reported that his DOB was "30 December XXXX."

3.  The available evidence shows the applicant's records for the entire period of active duty service show his DOB as "30 December XXXX."  In addition, on several occasions during this period of military service he authenticated official documents with the above DOB, including his DD Form 214, when he was released from active duty.  Moreover, he reported his DOB as 30 December XXXX when he was inducted and enlisted in the USAR subsequent to being released from active duty.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant offers insufficient evidence to warrant a change of the DOB in his official military service records.

5.  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 the applicant desires to now record the DOB listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  In view of the foregoing, there is no basis for granting the requested relief.

7.  A copy of this Record of Proceedings will be filed in the applicant's official military personnel file so this record concerning his DOB will be available.


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)                                         AR20140018469



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ABCMR Record of Proceedings (cont)                                         AR20140018469



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