IN THE CASE OF:
BOARD DATE: 04 SEPTEMBER 2008
DOCKET NUMBER: AR20080010210
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct date of birth.
2. The applicant states, in effect, that his date of birth is incorrect on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a notarized copy of his birth certificate.
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 applicants 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 applicants records were lost or destroyed in that fire. Therefore, a decision is being made on the evidence the applicant submitted for review in his case.
3. The applicant's DD Form 214 shows he served in the Army of the United States from 26 October 1954 through 11 October 1956. His date of birth on his DD Form 214 reads "28 July 1933." The applicant authenticated the accuracy of this document with his signature.
4. The applicant provided a notarized copy of his birth certificate showing that his date of birth is "7 September 1933."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 contends that his date of birth is incorrect on his DD Form 214. An attempt was made to obtain the applicant's official service records; however, it is believed that his records were lost or destroyed in a fire in 1973.
2. The applicant provided a notarized copy of his birth certificate which shows he was born on 7 September 1933. Although the applicant's DD Form 214 shows a different date of birth than he now alleges, he did authenticate his DD Form 214 at the time of his discharge attesting to its accuracy. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The date and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. Since the applicant's service records are not available for review, and the presumption of administrative regularity is presumed, he has provided insufficient evidence showing that a material error or injustice existed in his DD Form 214 at the time of his discharge.
3. Given the above, the applicant's request must be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080010210
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ABCMR Record of Proceedings (cont) AR20080010210
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