IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019438
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as 29 November 19XX.
2. The applicant states:
* the DOB on his DD Form 214 is incorrect
* his DOB is 29 November 19XX
3. The applicant provides:
* Standard Form 180 (Request Pertaining to Military Records)
* birth certificate
* Nevada driver's license
* social security card
* 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. The applicant's DD Form 4 (Enlistment Record Armed Forces of the United States), dated 6 December 1966, shows his DOB as 14 November 19XX. He enlisted in the Regular Army on 6 December 1966 for a period of 2 years. His DA Form 41 (Record of Emergency Data), dated 12 December 1966, shows his DOB as 14 November 19XX.
3. He was discharged under honorable conditions on 13 March 1967. Item 9 of his DD Form 214 shows his DOB as 14 November 19XX.
4. He provided a copy of his birth certificate showing his DOB as 29 November 19XX.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. 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 the DOB shown on his DD Form 214 is incorrect.
2. Although the birth certificate provided by the applicant shows his DOB as 29 November 19XX, the evidence of record shows he reported his DOB as 14 November 19XX when he enlisted in the Regular Army in 1966. He served in and was discharged using the DOB of 14 November 19XX.
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. While it is understandable the applicant desires to now record the DOB shown 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.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented.
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 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) AR20140019438
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ABCMR Record of Proceedings (cont) AR20140019438
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