IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140021180
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 8 November 1956 versus 8 November 1955.
2. The applicant states, in effect, the DOB listed on his DD Form 214 is the result of a typographical error.
3. The applicant provides a Certificate of Live Birth.
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 29 September 1975.
3. He was honorably discharged on 2 March 1976. The DOB on his DD Form 214 is X November 1955 (emphasis added).
4. All available documents in his official military personnel file (OMPF) show his DOB as X November 1955 (emphasis added). Key documents include:
* DA Form 2 (Personnel Qualification Record - Part I)
* DD Form 1966 (Application for Enlistment - Armed Forces of the United States) (also shows the recruiter verified his DOB by reviewing his birth certificate)
* DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States)
* Standard Form 88 (Report of Medical Examination), dated 15 September 1975 (shows a date in the DOB block crossed out and a handwritten date of 8 Nov 55 entered with the applicant's initials)
5. The applicant provides a certificate of live birth showing his DOB as
8 November 1956.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. All documents in his OMPF show his DOB as X November 1955.
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 understandable that he now desires to record his current DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
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 he desires.
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) AR20140021180
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ABCMR Record of Proceedings (cont) AR20140021180
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