IN THE CASE OF.

		BOARD DATE:    15 April 20

		DOCKET NUMBER:  AR201300785 


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 the date of birth (DOB) listed on his 
DD Form 2 (Certificate of Release or Discharge from Active Duty) to show 
 June .

2.  The applicant states the DOB shown on his DD Form 2 is incorrect due to a misprint or typographical error.  The DD Form 2 is a legal document and needs to reflect the correct DOB. 

3.  The applicant provides copies of:

* State of Arkansas Certificate of Birth
* California Driver License 
* his DD Form 2

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 24 February 1964 using the DOB of  June .  

3.  The available records show the applicant used the " June " DOB throughout his active duty service.  There are no records showing he used the DOB he now contends is correct. 

4.  The applicant submitted copies of a State of Arkansas Certificate of Birth and California Driver License showing a DOB of " June ," the date he now claims is correct.

5.  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.  The DD Form 2 is a synopsis of the Soldier's most recent period of continuous active service.

DISCUSSION AND CONCLUSIONS:

1.  The available records show he used the DOB of " June " throughout his active service.  In the absence of compelling information to the contrary, there is an insufficient basis for changing the applicant's DOB on his DD Form 2.

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.  While it is understandable the applicant desires to now record his requested 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.  The applicant is advised that a copy of this decisional document will be filed in his Army Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military records and to satisfy his desire to have his requested DOB documented in his AMHRR.


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)                                         AR20120022215



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ABCMR Record of Proceedings (cont)                                         AR201300785



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