IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120021998 


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) to show his date of birth (DOB) as recorded on his birth certificate.

2.  He states he needs his DOB corrected for the Veterans Retraining Assistance Program.

3.  He provides a State of Maryland Certificate of Live Birth.

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 24 February 1970, the applicant was inducted into the Army of the United States.

3.  The following documents in his records show his DOB was recorded as 8  :

* DD Form 47 (Record of Induction)
* DD Form 1584 (National Agency Check Request)
* DA Form 20 (Enlisted Qualification Record)

4.  On 2 November 1971, he was honorably released from active duty.  Item 9 (DOB) of his DD Form 214 shows his DOB as 8  .

5.  He provides his birth certificate showing his DOB as 8  .

6.  A review of his records failed to reveal any documents showing the DOB shown on the birth certificate he provides.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records revealed no evidence indicating the DOB shown on his birth certificate was recorded as his DOB during his military service.  The records show he was inducted and served using 8   as his DOB.

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 that the applicant desires to now record the DOB as shown on his birth certificate 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 will be filed in his military records.  This should serve to clarify any questions or confusion regarding the different DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his military 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 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)                                         AR20120021998



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ABCMR Record of Proceedings (cont)                                         AR20120021998



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