IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150003329
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 his date of birth (DOB) at item 6 (Date of Birth) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from 26 June 1941 to 27 June 1941.
2. The applicant states when he applied for a copy of his birth certificate in preparation for retirement he learned that his official DOB is the 27th not the 26th.
3. The applicant provides a copy of his Virginia birth certificate.
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 served on active duty from 7 January 1964 through 6 January 1966, in the U.S. Army Reserve (USAR) from 7 January 1969 through
31 December 1969, and in the Virginia Army National Guard (VAARNG) from
10 March 1973 through 9 March 1978.
3. All available documents in his record show a DOB of 26 June 1941.
4. With the exception of the DOB, the information on the 2003 birth certificate provided matches the same information provided by the applicant at the time of his induction. The Virginia birth certificate shows a DOB of 27 June 1941.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted and served on active duty, in the USAR, and in the VAARNG with the DOB 26 June 1941.
2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. The fact that the applicant wants to change his DOB of record some 49 years after his DD Form 214 was issued is insufficient to justify changing his military records as they were originally constituted. While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. He is advised that this Record of Proceedings will be filed in his record and will serve to explain the difference in the DOB under which he served and the DOB on his birth certificate.
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) AR20150003329
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ABCMR Record of Proceedings (cont) AR20150003329
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