IN THE CASE OF:
BOARD DATE: 4 December 2008
DOCKET NUMBER: AR20080010748
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, as the widow of a deceased former service member (FSM), requests correction of her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 4 February 1932.
2. The applicant states that the FSM's DOB is incorrectly noted on his DD Form 214 and other military records.
3. The applicant provides a copy of the FSM's birth certificate; the FSM's death certificate; and the FSM's DD Form 214 for the period ending 9 August 1957 in support of her 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 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 FSMs 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 FSMs records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The FSM underwent a pre-induction physical examination on 5 August 1954, and his Report of Medical Examination shows his DOB as 7 February 1932.
4. The FSM was inducted into the Army of the United States on 11 August 1955. His Record of Induction Record shows his DOB as 7 February 1932.
5. Item 3 (DOB) on his DA Form 20 (Enlisted Qualification Record) shows his DOB as 7 February 1932.
6. The FSM was released from active duty on 9 August 1957. Item 6 (DOB) on his DD Form 214 shows his DOB as 7 February 1932.
7. The applicant provided a copy of the FSM's birth certificate (filed on 30 March 1946) which shows his DOB as 4 February 1932.
DISCUSSION AND CONCLUSIONS:
The FSMs birth certificate verifies that his DOB is 4 February 1932. However, his DD Form 214 and other available documents incorrectly reflect his DOB as 7 February 1932. Therefore, it would be appropriate to correct the FSM's records to show his DOB as 4 February 1932.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his DOB as 4 February 1932.
______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) AR20080010748
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ABCMR Record of Proceedings (cont) AR20080010748
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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