IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000949 


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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 28 September 1951 vice 28 September 1952.  

2.  The applicant states he was born in 1951 and not 1952.  He noticed his DD Form 214 was wrong when he sent for his delayed birth certificate.

3.  The applicant provides his DD Form 214, two birth certificates, marriage certificate, and a letter from the Defense Finance and Accounting Service (DFAS).

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.  In conjunction with the applicant's enlistment in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP), he completed a DD Form 1966 (Application for Enlistment – Armed Forces of the United States) on 8 July 1977 wherein he listed his DOB as 28 September 1952.  He authenticated this form by placing his signature in the appropriate block on that date.  

3.  On 8 July 1977, he enlisted in the USAR DEP.  Item 7 (DOB) of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 8 July 1977, shows his DOB as 28 September 1952.  On 3 August 1977, he was discharged from the USAR DEP.

4.  On 4 August 1977, he enlisted in the Regular Army (RA).  Page 4 of his DD Form 4, dated 4 August 1977, shows his DOB as 28 September 1952.  He authenticated this form by placing his signature in the appropriate block on that date. 

5.  The applicant served in the RA throughout multiple reenlistments and/or extensions.  His record, in part, contains DD Forms 4, dated 13 April 1981, 10 January 1984, 14 June 1989, and 8 July 1994, that all show his DOB as 28 September 1952.

6.  His record contains numerous personnel, medical, and legal documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 29 August 1986, that all show his DOB as 28 September 1952.  He authenticated many of these forms by placing his signature in the appropriate block.  His DA Form 2A (Personnel Qualification Record), dated 23 April 1993, shows his DOB as 28 September 1952.

7.  He was honorably retired on 31 August 1997 and he was transferred to the Retired List on 1 September 1997.  Item 5 (DOB) of the DD Form 214 he was issued shows his DOB as 28 September 1952.

8.  The applicant provides two State of Arkansas Delayed Certificates of Birth, issued 19 November 1987 and 1 July 2014, respectively, wherein they both show his DOB as 28 September 1951. 

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for 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 duty.  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 evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his DOB as 28 September 1952 and this is the DOB he used throughout his active duty service.  His DD Form 214 correctly shows his DOB as 28 September 1952, the DOB he used at the time.

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 the applicant now desires to record the DOB he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the DOB he now uses and the DOB recorded in his military record.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20150000949



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000949



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1