IN THE CASE OF: BOARD DATE: 7 May 2013 DOCKET NUMBER: AR20120018952 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: a. his date of birth (DOB) as 17 March 1937 instead of 14 March 1934 in item 6 (DOB). b. he completed 1 year and 6 months of foreign service instead of 1 year, 3 months, and 15 days of foreign service in item 24c (Foreign and/or Sea Service). 2. He states he was born on 17 March 1937 and he completed 18 months, not 15 months of foreign service in Korea. 3. He provides his DD Form 214. He indicates on his application, that he provided his actual birth certificate and proof of his overseas duty; however, these documents were not attached to his application. 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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His DD Form 214 shows he enlisted in the Regular Army on 27 September 1955 and was discharged on 21 January 1959. His discharge document also shows in: * item 6 his DOB as 14 March 1934 * item 24c he completed 1 year, 3 months, and 15 days of foreign service 4. Headquarters, U.S. Army Forces, Far East and Eighth U.S. Army Letter Orders 1-151, dated 29 January 1957, show he was authorized to travel to Camp Drake, Japan for 7 days for a religious retreat. 5. The available evidence doesn't include documents which verify his DOB as 17 March 1937 or that he completed 1 year and 6 months of foreign service. 6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show his DOB as 17 March 1937 is acknowledged. However, the available records are void of evidence and he has not provided any evidence which confirms 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 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. Although the applicant contends he completed 1 year and 6 months of foreign service in Korea, there is insufficient evidence to support his claim. Therefore, there is no basis for granting his 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) AR20120018952 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120018952 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1