IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080004887
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, in effect, that his date of birth (DOB) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show "29 October 1928" instead of "28 October 1929."
2. The applicant states, in effect, that his DOB should be changed to "29 October 1928" instead of "28 October 1929."
3. The applicant provides a copy of his DD Form 214 and a copy of his Certification of Birth in support of his request.
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 applicants 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 applicants 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 were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973. Records available to the Board were obtained from alternate sources. His DD Form 214 shows that he was inducted and entered active duty on 13 September 1951. He was promoted to the rank of private first class (PFC) on 21 March 1953. He served until he was honorably released from active duty on 22 August 1953.
3. The applicant's DD Form 214 shows his DOB as "28 October 1929."
4. The applicant provides a photostat copy of his Certification of Birth, that was issued on 11 October 1988 by the Commonwealth of Pennsylvania, Department of Health, which shows his DOB as "10 29 28." This document was issued after his separation from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military records were lost or destroyed in the NPRC fire of 1973 and his DD Form 214 is the only source document available to the Board. His DD Form 214 shows his DOB as "28 October 1929."
2. The copy of his Certification of Birth issued on 11 October 1988 shows his DOB as "29 October 1928." This document was issued after his separation from active duty.
3. 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. Therefore, there is no basis to change the applicant's DOB on this DD Form 214 to show the entry "29 Oct 28" (29 October 1928) instead of the entry "28 OCT 29" (28 October 1929).
4. In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. A copy of this Record of Proceedings and the applicant's Certification of Birth relating to his request for correction of his date of birth in his service records will be filed permanently, for reference purposes in his available official military personnel files.
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) AR20080004887
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ABCMR Record of Proceedings (cont) AR20080004887
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