IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080014975
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 (DOB).
2. The applicant states that his correct DOB is 9 October 1932 and not 18 March 1929 as shown on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214; his Certification of Birth issued by the Commonwealth of Puerto Rico on
1 February 2006; his Certificate of Baptism by Our Lady of Mercy Parish in Puerto Rico, dated 18 March 2008; and an Internal Revenue Service Individual Income Tax Return Form 1040.
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 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 applicant's 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 applicant's DD Form 214 shows that he was inducted into the Army of the United States on 1 March 1951. He was awarded a military occupational specialty (MOS) of 1745 (Infantryman). He was discharged for the convenience of the government on 13 June 1953 for the purpose of immediate enlistment in the Regular Army. Item 10 (Date of Birth) of his DD Form 214 shows his DOB as 18 March 1929. The applicant attained the rank of sergeant and had completed 2 years, 3 months, and 14 days of creditable active duty service during this period of service. The applicant's available records do not contain a subsequent DD Form 214 nor did the applicant provide any additional DD Forms 214 with his application.
4. Three Standard Forms (SF) 88 (Report of Medical Examination) issued on
25 October 1950, 27 February 1951, and 10 June 1953 each show the applicant's DOB as 18 March 1929.
5. The Certification of Birth issued on 1 February 2006 provided by the applicant reports that he was born on 9 October 1932.
6. The Certificate of Baptism issued on 18 March 2008 provided by the applicant reports that he was born on 25 June 1931 and baptized on 7 December 1931, both dates prior to his claimed date of birth.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DOB is incorrectly entered on his
DD Form 214.
2. The available records show that he used 18 March 1929 as his DOB while serving in the military.
3. The documents submitted by the applicant show a DOB that is inconsistent with the DOB he now claims to be correct.
4. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the DOB under which he served. For historical purposes, 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. While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
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) AR20080014975
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ABCMR Record of Proceedings (cont) AR20080014975
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