IN THE CASE OF: BOARD DATE: 4 December 2012 DOCKET NUMBER: AR20120010134 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, the son of a deceased former service member (FSM), requests correction of the date of birth (DOB) shown in the FSM's record. 2. He states the FSM's DOB should be 2 April 1926 vice 3 March 1926. He states the FSM passed away on 25 March 2012, and the error was discovered in the process of burial at the State of Hawaii Cemetery. The cemetery has stated the error must be corrected before entering the correct DOB on his headstone. 3. He provides: * the FSM's Certificate of Death * his Certificate of Live Birth * the FSM's two WD AGO Forms 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * the FSM's Standard Certificate of Birth * court orders changing the FSM's name 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 15 December 1945, the FSM was inducted into the Army of the United States (AUS). 3. On 17 December 1945, he signed a Report of Physical Examination and Induction showing his DOB as "March 3 1926." 4. On 27 June 1946, he was honorably discharged from the AUS to enlist in the Regular Army (RA). The WD AGO Form 53-55 issued at that time shows his DOB as "3 March 1926." 5. On 9 June 1947, he signed a statement acknowledging, in part, he had been interviewed to determine that records pertaining to him were accurate and that he was satisfied as to the accuracy and completeness of those records. 6. On 7 July 1947, he was honorably discharged from the RA. The WD AGO Form 53-55 issued at that time shows his DOB as "3 Mar 26." 7. A review of his record shows all documents bearing a DOB show the date 3 March 1926. 8. The applicant provides, in part: * a Certificate of Death showing the FSM died on 25 March 2012 and his DOB was 2 April 1926 * a Territory of Hawaii Standard Certificate of Birth showing the FSM was born on 2 April 1926 DISCUSSION AND CONCLUSIONS: 1. A review of the FSM's record shows his DOB was recorded as 3 March 1926 throughout his military 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 record the FSM's 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 will be filed in the FSM's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in the FSM's military record and to satisfy the applicant's desire to have his correct DOB documented in his AMHRR. 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) AR20120010134 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010134 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1