IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002758
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth as 3 December 1944.
2. The applicant states his date of birth is incorrect because he did not have his birth certificate when he enlisted.
3. The applicant provides copies of his:
* DD Form 214 effective 9 November 1964
* State of Missouri Birth Certificate issued 13 October 2005.
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. A review of the applicant's military records revealed that virtually every document requiring a date of birth entry showed him to have been born on
7 December 1943. Examples include:
a. DD Form 47 (Record of Induction) dated 21 November 1962,
b. DD Form 214 effective 21 November 1962;
c. DD Form 4 (Enlistment Contract) dated 19 April 1971;
d. DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 1 May 1992;
e. DA Form 2A (Personnel Qualification Record Part I prepared 12 January 1996; and
f. National Guard Bureau Form 22 (Report of Separation and Record of Service) effective 2 May 1996.
3. Army Regulation 635-5 (Separation Documents), as then in effect, required the date of birth to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 3 December 1944.
2. A review of the applicant's military records revealed that virtually every record available that required a date of birth entry shows that date to be 7 December 1943.
3. The applicant has not provided any documentation showing that his date of birth was incorrectly recorded at the time of his entry into military service. Furthermore, he has not shown that such error has caused or is about to cause him harm.
4. The Army has an interest in maintaining the accuracy 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.
5. 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 date of birth he used while on active duty and the date he now contends to be correct. This action should satisfy the applicant's desire to have his correct date of birth in his record.
6. In view of the above, the applicants request should be denied.
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) AR20130008294
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ABCMR Record of Proceedings (cont) AR20150002758
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