IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000363
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, in effect, correction of item 5 (Date of Birth (DOB)) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his DOB as 26 January 19XX vice 28 January 19XX.
2. The applicant states, in effect, in the 1960s when he joined the Army, the birth certification that his mother had listed 28 January 19XX as his DOB. Therefore, his DD Form 214 lists that DOB and he wants this changed.
3. The applicant provides copies of:
* his DD Form 214
* Standard Certificate of Birth, from the Texas Department of Health, Bureau of Vital Statistics
* United States of America Passport
* DD Form 2 (U.S. Uniformed Services Identification Card)
* an Application to Amend Certificate of Birth, dated 1 November 2014
* a letter, dated 20 November 2014, from the Texas Department of State Health Services
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 16 January 1984, the applicant enlisted in the Regular Army (RA). Item 3 (DOB) of his DD Form 398 (Statement of Personal History) shows his DOB as
28 JAN XX.
3. A thorough review was made of all documents contained in his available military personnel records, many of which bear his signature consistently shows his DOB as 28 January 19XX.
4. On 31 December 1994, he was released from active duty. Item 6 of his DD Form 214 shows his DOB as 28 January 19XX.
5. He submitted copies of the following documents which list his DOB as
28 January 19XX:
a. Texas Department of Health, Bureau of Vital Statistics, Standard Certificate of Birth, issued on 18 June 2005;
b. United States of America Passport, issued 18 October 2005; and
c. DD Form 2, issued on 10 March 2010.
6. He also submitted:
a. an Application to Amend Certificate of Birth, dated 1 November 2014 to the Vital Statistics Unit Department of State Health Services, TX, requesting that his DOB be corrected to show 26 January 19XX; and
b. a letter from the Texas Department of State Health Services, dated
20 November 2014, that stated the DOB on his birth record was listed as
26 January 19XX and since his record was signed on 27 January 19XX, it was impossible for his DOB to be 28 January 19XX.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service, or control of the Army. It establishes standardized policy for preparation of the DD Form 214 and states 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 contends his DD Form 214 should be changed to reflect his DOB as 26 January 19XX.
2. It is understood that the applicant desires to have his DD Form 214 corrected to show the DOB that he now claims is correct; however, his record does not show that he used a DOB other than the DOB listed on his DD Form 214 when he served in an active duty status. Therefore, there is an insufficient evidentiary basis for granting the applicant's 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 of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document will be filed in his available record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his DD Form 214 and to satisfy his desire to have the DOB listed on his certification of birth documented in his record.
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) AR20150000363
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