IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080014445
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his date of birth (DOB) as "2 February 1931."
2. The applicant states his parents told him his DOB was 25 July 1930 and he used that DOB when he served in the Army. Later he found out his true DOB was 2 February 1931.
3. The applicant provides his DD Form 214 and Commonwealth of Puerto Rico Certification of Birth.
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 only partially available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. The applicants records were located in an area of the NPRC that received fire damage. 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 applicant served in the Army of the United States from 23 September 1952 through 12 August 1954. A review of his existing official record shows that his DOB is 25 July 1930 on all of his service documents, including documents that he completed and signed.
4. The applicant submitted a copy of his birth certificate showing that he was born on 2 February 1931.
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. Each entry is verified from the official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DOB on his DD Form 214 is incorrect and should be changed.
2. The evidence shows that the DOB entered on the applicant's DD Form 214 is verified by his entire service record. He reported his DOB as 25 July 1930 throughout his service.
3. 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. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. The applicant reported his DOB as 25 July 1930 throughout his time in the service and signed his DD Form 214 attesting to its accuracy. As such, he has not provided sufficient evidence to support changing his DOB in his official record.
4. A copy of this Record of Proceedings and the applicants Certification of Birth will be placed in his official record in order to clarify his birth date; however, his DD Form 214 will not be changed.
5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
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) AR20080014445
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ABCMR Record of Proceedings (cont) AR20080014445
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