IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017932 


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 records to show his year of birth (YOB) as 1947.

2.  The applicant states his birth certificate could not be located at the time of his enlistment.

3.  The applicant provides copies of his birth certificate from the State of North Carolina showing he was born in 1947 and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 February 1971.

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.  The applicant was inducted into the Army of the United States on 7 February 1968.  He was discharged for the purpose of immediate enlistment on 11 February 1968 and enlisted in the Regular Army on 12 February 1968.

3.  His record contains the following documents that reflect his YOB as 1948:

* DD Form 47 (Record of Induction)
* DA Form 428 (Application for Identification Card)
* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending 12 February 1968 [sic]
* DD Form 214 for the period ending 11 February 1971

4.  His record does not contain any documents with the YOB he now claims is correct.

DISCUSSION AND CONCLUSIONS:

1.  The YOB of 1948 was recorded consistently throughout his period of active 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.  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 correct his YOB 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.  In view of the foregoing, there is an insufficient basis for granting the applicant's requested relief.

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 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)                                         AR20110017932



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ABCMR Record of Proceedings (cont)                                         AR20110017932



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