IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140011645
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his birth as 1944 instead of 1943.
2. The applicant states the typographical error was overlooked due to his enthusiasm to join the Army.
3. The applicant provides copies of his DD Form 214, Certificate of Live Birth, and his U.S. Passport.
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. On 6 November 1965, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed the year of his birth as 1943.
3. He enlisted in the Regular Army on 27 December 1965. His DD Form
4 (Enlistment Record Armed Forces of the United States) shows the year of his birth as 1943.
4. His entire military record, which includes a DA Form 3027 (U.S. Army Request for National Agency Check) and a DA Form 20 (Enlisted Qualification Record) lists the year of his birth as 1943. There is no evidence indicating he ever listed the year of his birth as 1944 throughout his active duty service.
5. He was honorably released from active duty on 18 December 1968. His
DD Form 214 shows his year of birth as 1943.
6. He provided his Certificate of Live Birth and a copy of his U.S. Passport showing his year of birth as 1944.
7. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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 the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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's contention that his DD Form 214 should be corrected to show his year of birth as 1944 has been carefully considered.
2. The evidence of record shows he listed his year of birth as 1943 throughout his entire period of active service.
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 of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While his desire to now record a different year of birth in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, there is no basis for granting his requested relief.
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 in regard to the difference in the year of birth recorded in his military records and to satisfy his desire to have the birth year listed on his Certificate of Live Birth documented in his military records.
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) AR20140011645
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ABCMR Record of Proceedings (cont) AR20140011645
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