IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20100027445 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as  March  instead of  August .

2.  The applicant states he has five brothers who served in the military.  The DOB's may have been mixed up. 

3.  The applicant provides his DD Form 214 and his 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.  Prior to induction, the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as  August .  He authenticated this form by placing his signature in the appropriate block.

3.  He was inducted into the Army of the United States on 19 April 1967.  Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as  August .  

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as  August .

5.  His service records contain various forms, including a record of emergency data, which listed his DOB as  August .

6.  He was honorably released from active duty on 24 February 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  Item 9 (DOB) of this DD Form 214 shows his DOB as  August .

7.  He submitted a certificate of live birth, issued on 6 May 2009, which shows a name similar to his with a DOB of  March . 

DISCUSSION AND CONCLUSIONS:

1.  On 19 April 1967, at the time of induction, the applicant listed his DOB as
 August .  This DOB is consistent with the DOB shown on various documents in his service.  He did not use the DOB he currently uses and requested to be added to his DD Form 214.

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 now record the DOB he currently uses 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 decisional document along with the application and the supporting evidence he provided which confirms the DOB he now use will be filed in his service records.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and satisfy his desire to have the DOB he currently use to be documented in his official records. 

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)                                         AR20100027445



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ABCMR Record of Proceedings (cont)                                         AR20100027445



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