IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019834
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 that his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) be corrected to show his date of birth (DOB) as 8 March 1944.
2. The applicant states, in effect, that he wanted to join the military at age 16 and lied about his DOB in order to enlist. He goes on to state that he is now encountering verification problems with his VA hospital and he asks forgiveness for his lie.
3. The applicant provides copies of his DD Form 214, birth certificate, social security card and drivers 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 initially enlisted in the Indiana Army National Guard (INARNG) on 11 October 1960 for a period of 3 years using the DOB of 6 June 1942. He completed his training as an infantryman and was returned to his INARNG unit where he remained until he was honorably discharged on 22 January 1962 to enlist in the Regular Army.
3. He enlisted in the Regular Army on 23 January 1962 for a period of 3 years and training as a clerk. He enlisted using the DOB 6 June 1942. He completed his clerk training at Fort Knox, Kentucky and was transferred to Hawaii.
4. On 12 July 1962, the applicants commander recommended that he be discharged under the provisions of Army Regulation 635-209 for unsuitability based on his inability to adjust to military life.
5. The appropriate authority approved the recommendation and directed that he be furnished an Honorable Discharge Certificate.
6. Accordingly, he was honorably discharged on 30 July 1962. Tbe DD Form 214 issued at the time shows his DOB as 6 June 1942. A review of his official records shows that DOB as the only DOB listed.
7. The birth certificate provided by the applicant with his application shows a DOB of 8 March 1944.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exists in official records as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB on his DD Form 214 should be changed to reflect his correct DOB because he lied about his DOB at the time of enlistment has been noted. However, the regulation governing the preparation of the DD Form 214 provides that the DD Form 214 will be prepared to reflect information that exists in official records at the time of separation.
2. The applicant enlisted and served all of his time using the DOB that is reflected on his DD Form 214. Accordingly, there is no basis for granting his request to change his DOB on his DD Form 214.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his birth certificate.
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) AR20140019834
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ABCMR Record of Proceedings (cont) AR20140019834
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