BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090021525 


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 that is shown on his 
DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states his date of birth is incorrectly shown as 10 April 1931 and should be shown as 10 July 1931.

3.  The applicant provides copies of his Certificate of Birth and his DD Form 214.

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.  His military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  He submitted a copy of a Certificate of Birth, Mississippi State Board of Health, Bureau of Vital Statistics, that certified an individual with his same first and last name was born on 10 July 1931.

4.  His available military records show that he was inducted into the Army of the United States on 16 April 1952.  He was honorably released from active duty on 23 January 1954 and transferred to the United States Army Reserve to complete his service obligation.  

5.  His DD Form 214, Item 10 (Date of Birth), shows his date of birth as 10 April 1931.  

DISCUSSION AND CONCLUSIONS:

1.  The birth date shown on the applicant's DD Form 214 should not be changed.  The available evidence is not sufficient to show that an error exists and the applicant failed to provide sufficient evidence to support the change requested.  For historical purposes, the Army has an interest in maintaining the consistency of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  While the applicant's desire to have his DD Form 214 changed to show the birth date he now uses is understood, it is not a basis for compromising the integrity of the Army’s records.  A copy of this decisional document along with the application and enclosures will be filed in a reconstructed official military file for reference purposes.

3.  In view of the foregoing, there is no basis for granting the applicant's request.








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)                                         AR20090021525



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ABCMR Record of Proceedings (cont)                                         AR20090021525



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