IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR2011001057 


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 in his record.

2.  He states, in effect, he believed he was born in , but when asked to obtain his birth certificate when he applied for social security benefits, he learned he was born on  July .

3.  He provides a:

* United States Uniformed Services Identification Card
* TRICARE card
* birth certificate
* Certificate of Naturalization
* Medicare card

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 3 June 196.  On 31 July 1996, after completing several periods of enlisted service in the USAR and Army National Guard (ARNG), he was honorably discharged from the ARNG as medically unfit for retention and transferred to the USAR Control Group (Retired). 

2.  On 17 October 1996, he was notified he was eligible for non-regular retired pay at age 60 based on his 15 years of qualifying service.  
3.  A review of his Official Military Personnel File (OMPF) shows he enlisted, served, was separated from active Reserve service, and applied for retired pay using the DOB  July .  

4.  Effective  July 2007, he was placed on the Army of the United States Retired list and authorized retired pay.

5.  His OMPF is void of documentation showing the DOB  July .

6.  He provides a birth certificate issued by the Government of the State of Sonora, Mexico, showing he was born on  July .

DISCUSSION AND CONCLUSIONS:

1.  All documents in the applicant's OMPF bearing a DOB contain the entry  July .  This was the DOB of record at the time of initial enlistment and throughout his military service.  

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 correct 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 along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his OMPF.  This should clarify any questions or confusion in regard to the difference in the DOB recorded in his OMPF and satisfy his desire to have the DOB on his birth certificate documented in his OMPF.

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)                                         AR2011001057





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ABCMR Record of Proceedings (cont)                                         AR2011001057



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