IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020199
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 3 April 19XX.
2. The applicant states:
* his DOB is wrong on his DD Form 214 it should be 3 April 19XX
* his birth information was lost at school
* when he joined the Army he thought his birth date was the fourth instead of the third
* his mother had his DOB changed in the South Carolina State records
* he had all of his paperwork corrected except his DD Form 214
3. The applicant provides:
* South Carolina driver's license
* South Carolina Department of Health and Environmental Control Division of Vital Records Identification 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 Contract Armed Forces of the United States), dated 4 August 1972, shows his DOB as 4 April 19XX. He enlisted in the Regular Army on 4 August 1972 for a period of 3 years.
3. His available service personnel records show his DOB as 4 April 19XX.
4. He was honorably released from active duty on 1 August 1975. Item 4 (DOB) of his DD Form 214 shows his DOB as 4 April 19XX.
5. He subsequently served in the Army National Guard from 25 September 1975 to 24 September 1977 and from 15 November 1985 to 13 November 1998. His National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) show his DOB as 4 April 19XX.
6. He provided copies of his South Carolina driver's license and South Carolina Department of Health and Environmental Control Division of Vital Records Identification Card showing his DOB as 3 April 19XX.
7. 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 State of South Carolina documentation provided by the applicant shows his DOB as 3 April 19XX, the evidence of record shows he reported his DOB as 4 April 19XX when he enlisted in the Regular Army in 1972. He served in and was discharged using the DOB of 4 April 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 South Carolina driver's license and South Carolina Department of Health and Environmental Control Division of Vital Records Identification Card 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) AR20140020199
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ABCMR Record of Proceedings (cont) AR20140020199
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