BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20140021322
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 (Report of Separation from Active Duty) to show his DOB as 16 December 19XX instead of 15 December 19XX.
2. The applicant states, in effect, his DD Form 214 and birth certificate need to list the same DOB to avoid future problems when used for any reason.
3. The applicant provides copies of his DD Form 214 and birth certificate.
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 the cases 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.
2. The applicant's military records contain the following documents that were completed prior to enlistment, which list his DOB as 15 December 19XX:
* DD Form 1966 (Application for Enlistment Armed Forces of the United States), dated 14 October 1975, item 25 (Citizenship Verification) of the form shows his DOB was verified by his birth certificate
* DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only), dated 15 October 1975
* DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States), dated 17 October 1975
3. He enlisted in the Regular Army (RA) on 29 October 1975 for 3 years. His records also contain the following documents:
* DA Form 41 (Record of Emergency Data), dated 23 March 1976, which lists his DOB as 15 December 19XX
* DA Form 2-1 (Personnel Qualification Record Part II), which does not list his DOB
4. He was released from active duty on 28 October 1978 and he was transferred to the U.S. Army Reserve Control Group. He was credited with completing 3 years of active service. Item 9 of his DD Form 214 lists his DOB as 15 December 19XX.
5. He provided a copy of a City of New York birth certificate, issued on 3 June 1998, showing an individual with the same first, middle, and last names of record as the applicant was born on 16 December 19XX.
6. 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 the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldiers most recent period of continuous active service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 9 would list the DOB verified in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he enlisted and served in the RA with the DOB of 15 December 19XX. The available evidence does not show that he used the requested DOB when he served in an active duty status.
2. Absent convincing independent and verifiable evidence to the contrary, it is presumed item 9 of this DD Form 214 was correct at the time it was prepared. Therefore, there is an insufficient evidentiary basis to grant the requested relief.
3. 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 showing a 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 on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. A copy of this decisional document will be filed in his records to clarity the difference between any current DOB he may be using and the DOB used during his period of active service.
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) AR20140021322
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ABCMR Record of Proceedings (cont) AR20140021322
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