IN THE CASE OF:	  

		BOARD DATE:	  16 JUNE 2011

		DOCKET NUMBER:  AR20110000932 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 August 1962 to show his date of birth (DOB) as  March  instead of  March .

2.  The applicant states his DOB is incorrectly listed.

3.  The applicant provides his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 52(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's records show he enlisted in the Texas Army National Guard (TXARNG) on 19 March 1957.  Item  (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as  March . 

3.  He entered active duty for training (ACUDTRA) on 13 April 1957, completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 111.10 (Light Weapons Infantryman).  He was honorably released from ACDUTRA on 12 October 1957.

4.  Item 6 (DOB) of his DD Form 214 for this period of service shows his DOB as  March .

5.  He was honorably discharged from the ARNG on 18 March 1960 for the purpose of immediate reenlistment.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) for this period is not available for review with this case.

6.  He enlisted in the TXARNG for 1 year on 19 March 1960.  Item  of his 
DD Form 4 also listed his DOB as  March .

7.  He was ordered to active duty on  October 1961.  He served in MOS 310.00 (Field Communication Crewman) with Battery D, 3rd Battalion (Rocket Howitzer), 132nd Artillery, Fort Polk, LA.  He was honorably released from active duty on 9 August 1962 and returned to State control as a member of the TXARNG.  

8.  Item 6 (DOB) of his DD Form 214 for this period of service shows his DOB as  March .

9.  He submitted a certificate of live birth that shows a name similar to his with a DOB as  March . 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon the applicant's enlistment in the TXARNG on 19 March 1957, he listed his DOB as  March  on his enlistment contract.  The  year is consistent with the DOB shown on his first DD Form 214, his second enlistment contract, and his second DD Form 214.  He did not use the year  during these two periods of 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.  While it is understandable the applicant desires to correct records to show the DOB that is on his birth certificate, this 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 along with his application and the supporting evidence he provided will be filed in his service records.  This should serve to clarify any questions or confusion in regard to the DOB record in his record and satisfy his desire to have the DOB that is on his birth certificate documented in his official 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)                                         AR20110000932



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ABCMR Record of Proceedings (cont)                                         AR20110000932



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