IN THE CASE OF:  

		BOARD DATE:  11 February 2016  

		DOCKET NUMBER:  AR20150006906


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) shown on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was born in 1943.  

3.  The applicant provides:

* Certificate of Birth 
* Letter of Appreciation
* Orders Number 10-1423243, dated 18 October 1972
* DD Form 214

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 4 November 1966, the applicant was inducted in the U.S. Army of the United States.  

3.  On 26 October 1968, he was honorably released and transferred the U.S. Army Reserve.  The DD Form 214 the applicant was issued shows his DOB as 
.

3.  There are no documents in the available military personnel records that show his DOB as .  

4.  The applicant provides a copy of his birth certificate from the Commonwealth of Virginia that show his DOB as .

5.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence indicating the DOB shown on the applicant's birth certificate was ever recorded in his military service record.  

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 that the applicant desires to record his DOB in his military records as it is listed on his birth certificate, 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 record.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his record and the DOB 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)                                         AR20140005280



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ABCMR Record of Proceedings (cont)                                         AR20150006906



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