BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150000221
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) for the period ending 31 May 1971 to show his date of birth (DOB) as 26 March 1923 vice 28 August 1922.
2. The applicant states, in effect, his DOB is incorrect.
3. The applicant provides a 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 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 is a retired Regular Army sergeant first class/E-7 who served on active duty in a variety of stateside or overseas assignments from 18 November 1940 to 31 May 1971.
3. All documents in his service record reflect his DOB as 28 August 1922 and include:
* All enlistment/reenlistment contracts
* All separation documents (WD AGO Forms 53-55 and DD Forms 214)
* All medical, legal, personnel, and finance documents
4. He retired on 31 May 1971 and he was placed on the Retired List on 1 June 1971. Item 9 (DOB) of his retirement DD Form 214 listed his DOB as 28 August 1922.
5. He provides a birth certificate of an individual with a similar name and with the DOB as 26 March 1923.
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, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant consistently used the 28 August 1922 as his DOB during the entire time of his military service. He authenticated several documents that contain this DOB. He never used 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.
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