IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020519
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 military records to show his date of birth (DOB) as 18 June vice 29 June 19XX.
2. The applicant states, in effect, his DOB is in error; his birth certificate does not list the DOB that is listed in his military records.
3. The applicant provides a birth certificate and his 1999 DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 records show he was inducted into the Army of the United States (AUS) on 9 November 1967. His DD Form 47 (Record of Induction) listed his DOB as 29 June 19XX.
3. He was honorably released from active duty on 14 September 1969. His DD Form 214 (Armed Forces of the United States) shows his DOB as 29 June 19XX.
4. He enlisted in the Regular Army on 7 December 1970. His DD Form 4 (Enlistment Contract) listed his DOB as 29 June 19XX.
5. He served through multiple reenlistments and/or extensions in a variety of stateside assignments and he attained the rank/pay grade of sergeant major (SGM)/E-9. His reenlistment DD Forms 4 and resultant DD Forms 214 listed his DOB as 29 June 19XX.
6. He retired on 28 February 1999 and he was placed on the Retired List in his retired rank/pay grade of SGM/E-9 on 1 March 1999. His retirement DD Form 214 listed his DOB as 29 June 19XX.
7. He provides a birth certificate for an individual with a similar name and the DOB is listed as 18 June 19XX.
8. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant consistently used 29 June 19XX as his DOB during his entire period of military service. He authenticated several documents that contain this DOB. He did not use the requested DOB at any time during his military service.
2. 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 understood that he desires to now record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his DOB. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. A copy of this decisional document will be filed in his records to clarify the difference between the DOB listed in his records and the DOB listed on the birth certificate he provides.
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) AR20140020519
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ABCMR Record of Proceedings (cont) AR20140020519
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