IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150003455
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 13 January 1955 versus 7 April 1955.
2. The applicant states, in effect, throughout his life he was told his DOB was 7 April 1955. He recently received an original birth certificate that listed his DOB as 13 January 1955.
3. The applicant provides copies of his DD Form 214, social security card, chauffeur license, and 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 enlisted in Regular Army on 1 March 1983.
3. His record does not contain any documents that list his DOB as 13 January 1955.
4. His record contains the following documents that list his DOB as 7 April 1955:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 12 November 1982; he affixed his signature to this document indicating the information contained therein was correct
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 7 December 1982
* DA Form 428 (Application for Identification Card), dated 1 March 1985; he affixed his signature to this document indicating the information contained therein was correct
* Personnel Qualification Record Part I, dated 27 October 1987
* Enlisted Accession Data Capture Worksheet, dated 14 April 1988
* DD Form 214, showing he was released from active duty on 29 February 1988; he affixed his signature to this document indicating the information contained therein was correct
5. He provides a copy of his chauffeur license and birth certificate, which list his DOB as 13 January 1955. He also provides a copy of his social security card; however, it does not show his DOB.
6. Army Regulation 635-5 (Separation Documents) 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 states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 shows that upon his enlistment into the U.S. Army, his DOB was listed as 7 April 1955. Additionally, all other documents in his record list his DOB as 7 April 1955 and he affixed his signature to some of these documents indicating his DOB was correct. He did not use the requested DOB during his period of active 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. However, it is understandable the applicant desires to now record a different DOB in his military records.
3. A copy of this decisional document will be filed in his official records to clarify the difference between the DOB used in his records and the DOB listed on his certificate 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) AR20150003455
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ABCMR Record of Proceedings (cont) AR20150003455
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