BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130011631 


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 date of birth (DOB) as "26 Nxxxxxxx 19X2" vice "24 Nxxxxxxx 19X2."

2.  The applicant states he believes the error to be a typographical error.

3.  The applicant provides a certification of birth.

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 the Regular Army on 5 June 1962 and held military occupational specialty 312.10 (Armor Communications Specialist).

3.  His record contains a/an: 

	a.  DD Form 4 (Enlistment Record-Armed Forces of the United States), dated 5 June 1962, which shows his DOB as "24 Nxxxxxxx 19X2."  He signed this document indicating that the information contained therein was correct.

	b.  Standard Forms (SF) 89 (Report of Medical History) and 88 (Report of Medical Examination), dated 5 June 1962, which show his DOB listed as 
"24 Nxxxxxxx 19X2."

	c.  DD Form 398 (Statement of Personal History), dated 28 February 1964, wherein he listed his DOB as "24 Jxxxxxx 19X1."  He signed this document indicating that the information contained therein was correct.

	e.  DA Form 428 (Application for Identification Card), dated 25 July 1964, wherein his DOB was listed as "24 Nxxxxxxx 19X2."  He signed this document indicating that the information contained therein was correct.

	e.  SFs 89 and 88, dated 14 April 1965, which show his DOB listed as 
"24 Nxxxxxxx 19X2."

	f.  DA Form 20 (Enlisted Qualification Record) which shows his DOB as 
"24 Nxxxxxxx 19X2."  

4.  His record does not contain any documents showing his DOB as 
"26 Nxxxxxxx 19X2."

5.  He was honorably released from active duty on 4 June 1965.  His DD Form 214 shows his DOB listed as "24 Nxxxxxxx 19X2."  He signed this document indicating that the information contained therein was correct.

6.  He provided his certification of birth which shows the name listed on his 
DD Form 214 and his DOB as "26 Nxxxxxxx 19X2."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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 the applicant's enlistment in the Regular Army, he listed his DOB as "24 Nxxxxxxx 19X2" and he used this DOB (with one exception that showed a completely different DOB) throughout his entire period of military service.

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.  While it is understandable the applicant desires to now record his current DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  A copy of this decisional document will be filed in his official records to clarify the difference between the DOB use in his records and that shown on his certification 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 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)                                         AR20130011631





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ABCMR Record of Proceedings (cont)                                         AR20130011631



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