IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080010513
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 date of birth (DOB) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) from 19 May 1929 to 9 December 1927.
2. The applicant states that his DD Form 214 shows an incorrect DOB and that he needs this date corrected to maintain an accurate record and to assist him with Department of Veterans Affairs (DVA) benefits.
3. The applicant provides a copy of his DD Form 214, dated 10 December 1952, and a copy of his birth certificate, dated (issued) 18 March 2005, 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 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. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The facts and circumstances surrounding the applicant's entry on active duty are not available for review with this case. However, his DD Form 214 shows he was inducted into the Army in San Antonio, Texas, on 5 January 1951. This form also shows that at the time of his separation he held military occupational specialty (MOS) 3795 (Tank Crewman) and that his most significant duty assignment was with Company C, 89th Tank Battalion.
4. The applicants DD Form 214 further shows he completed 1 year, 11 months, and 6 days of active duty service, 11 months and 17 days of which was foreign service. He was honorably separated on 10 December 1952.
5. Item 10 (Date of Birth) of the DD Form 214 he was issued shows the entry 19 May 1929.
6. The applicant submitted a copy of his birth certificate, dated (issued) 18 March 2005, that shows he was born on 9 December 1927.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldiers 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 requests that his DD Form 214 be corrected to show his correct DOB as 9 December 1927.
2. The applicants reconstructed record is void of the facts and circumstances surrounding his induction and/or his military service. It is unclear why the applicants DD Form 214 and birth certificate have two different DOBs. Nevertheless, the Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants date of birth in this case.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. A copy of this decisional document, along with the applicants application will be filed in his reconstructed Official Military Personnel File. This should serve to clarify any questions or confusion regarding the different dates of birth and adequately document his date of birth in his record.
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.
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) AR20080010513
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