IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150001836
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 date of birth (DOB).
2. The applicant states his birth date is wrong on his DD Form 214 (Report of Separation from Active Duty). The local Selective Service Board made an error years ago.
3. The applicant provides a copy of a birth certificate and a 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. The applicant enlisted in the U.S. Army Reserve (USAR) on 31 March 1977, and served on initial active duty for training from 1 May 1977 through 1 July 1977.
3. All documents in his record, including the initial enlistment documents and the DD Form 214, show his DOB as 16 August 1944.
4. The record contains orders discharging him from the USAR effective
27 February 1983. He later enlisted in the USAR on 20 December 1988 with the enlistment documents showing a DOB of 16 August 1944.
5. The record contains orders discharging the Soldier from the USAR effective 24 March 1998.
6. The birth certificate provided shows a DOB of 1 January 1945. The copy of the birth certificate provided was issued on 16 October 2014 and states that the child's name was corrected by "BVS" on 20 January 2004.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the DOB error occurred prior to his initial entry in the USAR. He does not appear to have questioned the entry at any point during his period of USAR service that spanned a 21-year period.
2. Further, even if the applicant and the Soldier are one and the same, the Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation. The fact that the applicant wants to change his date of birth some 45 years after his DD Form 214 was issued is an insufficient basis changing his military records as they were originally constituted.
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) AR20150001836
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ABCMR Record of Proceedings (cont) AR20150001836
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