RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 March 2008 DOCKET NUMBER: AR20070014214 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Richard T. Dunbar Chairperson Mr. Gerald J. Purcell Member Ms. Rea M. Nuppenau Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show his date of birth as 23 May 1931. 2. The applicant states that he did not know he was born on 23 May 1931. 3. The applicant provides a copy of his birth certificate issued by the state of Tennessee on 19 December 1986. 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 28 January 1949, the applicant enlisted in the Regular Army. He served through a series of enlistments until his retirement for length of service on 1 August 1969. He had attained the rank of staff sergeant, pay grade E-6, and had completed 20 years, 6 months, and 3 days of creditable military service. 3. Item 9 (Date of Birth) of the applicant's last Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows his date of birth as 9 January 1931. 4. A review of his military record shows that he used a date of birth of 9 January 1931 during his entire military career. This date of birth was used consistently throughout his military records during his entire career. 5. The birth certificate provided by the applicant was issued more than 17 years after his military retirement, and shows his date of birth as 23 May 1931. DISCUSSION AND CONCLUSIONS: 1. The applicant served in the Regular Army and was retired with more than 20 years of active service. He used 9 January 1931 as his date of birth during his entire period of service. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the date of birth that he used during this service. The fact that he now desires to change the date of birth in his military records for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief. 2. 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. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided confirming his actual date of birth will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his actual date of birth and the one recorded in his military record, and satisfy his desire to have his correct date of birth documented in his record. 4. In view of the above, the applicant’s request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ RTD __ _RMN _ __GJP __ 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. __ Richard T. Dunbar _______ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.