IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080012281
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 (Report of Separation from the Armed Forces of the United States) to show his correct date of birth.
2. The applicant states that his date of birth is incorrectly entered on his DD Form 214 as 19 September 1931. He wants it corrected to read as 22 December 1931.
3. The applicant provides a copy of a delayed certificate of birth notarized on 4 March 1966.
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 are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 26 February 1953. His date of birth is shown as 19 September
1931. He was awarded military occupational specialty 1824 (Cook) and served in the Republic of Korea. He was released from active duty on 12 February
1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of birth is incorrectly entered on his DD Form 214.
2. The applicant was inducted into the Army of the United States and served for a period of almost 2 years. His DD Form 214 shows 19 September 1931 as his date of birth. There is no available evidence of record showing that this date of birth was incorrectly entered on his DD Form 214 or that he used a different date at any time during his military service.
3. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the date of birth shown on his DD Form 214. The fact that he now desires to change the date of birth on his DD Form 214 for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
4. 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.
5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current name will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
6. In view of the above, the applicants request should be denied.
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) AR20080012281
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ABCMR Record of Proceedings (cont) AR20080012281
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