IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001723
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
17 November 1960 vice 17 September 1960.
2. The applicant states his DOB is wrong.
3. The applicant provides a copy of his Certification of Birth and his DD Form 214.
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 27 November 1979, the applicant enlisted in the Regular Army. A DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted with a DOB of 17 September 1960, and the form was signed by him.
3. On 31 January 1980, the applicant was honorably discharged with 2 months and 4 days of net active duty service. Item 5 (DOB) of his DD Form 214 shows his DOB as 17 September 1960.
4. A review of every document contained in his available military personnel record, many of which bear his signature, shows that his DOB consistently appears as 17 September 1960.
5. The applicant provides a copy of his Certificate of Birth on which his DOB appears as 17 November 1960.
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 standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 shows that upon his entry into the Army the applicant listed his DOB as 17 September 1960. This date is consistent with the date listed on all personnel documents throughout 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. While it is understandable the applicant desires to have the DOB that he currently uses recorded on his DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this Record of Proceedings will be filed in his official military personnel file. This should clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and the DOB on his Certification of Birth.
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) AR20140013642
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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