IN THE CASE OF: 

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130017375 


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 record to show his correct date of birth (DOB) as "30 " instead of "26 ."

2.  The applicant states there was a mistake in filing his DOB at birth.

3.  The applicant provides copies of his:

* Certificate of Birth
* Texas Driver License
* Social Security Number Card

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.  On 2 November 1964, the applicant was inducted into the Army of the United States.  The DD Form 47 (Record of Induction) prepared at the time of his induction shows in item 5 (DOB) the entry "26 Jan 1943."

3.  The applicant served until he was released from active duty on 11 October 1966.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) contains the entry "26 Jan 43" in item 6 (DOB).

4.  All of the documents in the applicant's record which include his DOB list it as 26 .

5.  The applicant provides a copy of his Certificate of Birth and Texas Drivers License, which list his DOB as "30 ."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his correct DOB as "30 ."

2.  The available evidence of record shows he served exclusively using the DOB of "26 ."

3.  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 correct DOB in his Army Military Human Resource Record (AMHRR), there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his AMHRR.  This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in those 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)                                         AR20130017375





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ABCMR Record of Proceedings (cont)                                         AR20130017375



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