IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080016336
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, in effect, that the date of birth listed on his separation documents (DD Forms 214) be corrected.
2. The applicant states, in effect, that his correct date of birth is 3 June 1932 and not 6 June 1932, as is listed on his DD Forms 214.
3. The applicant provides 1955, 1959, 1965, and 1969 DD Forms 214 in support of his 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 applicant's military record was not available to the Board for review. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the DD Forms 214 provided by the applicant.
3. The action by this Board is limited to correction of the applicant's DD Form 214 issued in 1955, for his active duty service in the United States Army from
20 December 1952 through 21 July 1955. Correction of the DD Forms 214 he was issued in 1959, 1965 and 1969, which document active duty periods completed in the United States Air Force is not within the purview of this Board and will not be addressed further in this Record of Proceedings. Correction of these documents should be addressed to the board for correction of Air Force records at the address listed on the reverse side of the DD Form 149.
4. The applicant provides a DD Form 214 covering his first period of active duty service from 20 December 1952 through 21 July 1955, which he completed in the United States Army. This document shows he enlisted in the Regular Army (RA) and entered active duty on 20 December 1952. Item 10 (Date of Birth) lists his date of birth as 6 June 1932.
5. The applicant's 1955 DD Form 214 further shows that on 31 July 1955, he was honorably discharged, in the rank of sergeant, by reason of hardship after completing 2 years, 7 months and 2 days of active duty service during the period covered by the DD Form 214. The applicant authenticated this document with his signature in Item 48 (Signature of Person Being Separated) on the date of his discharge.
6. The applicant provides a birth certificate, dated 25 June 1958, which lists his date of birth as 3 June 1932.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the date of birth listed on his DD Forms 214 is incorrect and should be corrected has been carefully considered. However, 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.
2. While the applicants desire to have his military records changed to reflect the date of birth listed on his birth certificate is understood, there is no indication that he questioned the date of birth at the time he entered the United States Army on 20 December 1952, at anytime during his active duty service in the RA, or at the time of his discharge on 21 July 1955. As a result, given it appears he entered, performed and was separated from the RA under the date of birth listed on his DD Form 214, it would not be appropriate to grant the requested relief at this late date.
3. A copy of this decisional document, along with his application and associated documents, to include the birth certificate he submitted, will be filed in the applicants Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding his date of birth as it relates to his military service.
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) AR20080016336
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ABCMR Record of Proceedings (cont) AR20080016336
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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