IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140018876
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 (DOB) as 24 October 1946 instead of 17 October 1946.
2. The applicant states:
a. seven days after his birth, the midwife took all births into town to be registered so the date on the registry is the date of birth recorded on his birth certificate.
b. other documents that require DOB have 24 October 1946 on them.
c. he discovered years later that what was recorded on his birth certificate was seven days later than he was told when he was born.
3. The applicant provides his DD Form 214, birth certificate, and driver's license.
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 2 December 1965. His DD Form 4 (Enlisted Record - Armed Forces of the United States) shows his DOB as 17 October 1946.
3. A review of the documents in his service record consistently shows his DOB as 17 October 1946 throughout his tenure of service. His service record does not contain any documents that show his DOB as 24 October 1946.
4. He was honorably released from active duty on 29 November 1968 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. The DD Form 214 he was issued shows his DOB as 17 October 1946. It further shows in item 32 (Signature of Member Being Transferred or Discharged) the applicant's signature.
5. He provided his birth certificate and driver's license that both show his DOB as 24 October 1946. His birth certificate also shows the date of filing was 2 November 1946, 9 days after his DOB.
6. Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. It states that 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. 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 have the requested DOB recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicant's birth certificate and driver's license show his DOB as 24 October 1946, all documents in his military personnel records consistently show his DOB as 17 October 1946.
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 birth date recorded in his military records and to satisfy his desire to have the requested birth date 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) AR20140018876
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ABCMR Record of Proceedings (cont) AR20140018876
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