BOARD DATE:	30 January 2014  

		DOCKET NUMBER:  AR20130007885 


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 (Report of Separation from the Armed Forces) to show his birth year as 1947 instead of 1946.

2.  The applicant states, in effect, his birth certificate shows his correct birth year.  He asks that a copy of the correction be mailed to the Regional Veterans Affairs Office in Seattle, Washington.

3.  The applicant provides:

* self-authored statement
* DD Form 214
* 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.  In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his birth year as 1946.  He authenticated this form by placing his signature in the appropriate block.

3.  The applicant was inducted into the Army of the United States on 10 January 1966.

4.  His DD Form 47 (Record of Induction), dated 10 January 1966, shows his birth year as 1946.

5.  Item 6 (Date of Birth) of the applicant's DA Form 20 (Qualification Record – Enlisted Personnel) shows his birth year as 1946.

6.  On 30 December 1967, the applicant was honorably released from active duty.  Item 10 (Date of Birth) on his DD Form 214 shows his birth year as "46."

7.  The applicant provides a copy of his birth certificate which shows he was born in 1947.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's record shows he served using the birth year 1946.  While it is understandable he desires to now record the year shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  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.  

2.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as the official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the birth year recorded in his military record and the year shown 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)                                         AR20130007885



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ABCMR Record of Proceedings (cont)                                         AR20130007885



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