IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080011615
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 that his 1952 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his date of birth as 24 June 1930 vice 24 June 1950.
2. The applicant states, in effect, that the error caused him trouble while he was employed.
3. The applicant provides a copy of his DD Form 214 and a copy of his Alabama State Department of Health-Bureau of Vital Statistics Delayed Certificate 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 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 applicants records were lost or destroyed in that fire. However, the appellant provided sufficient documents to reconstruct a record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that primarily consist of a copy of the applicant's 1952 DD Form 214 and his birth certificate.
3. According to the applicant's DD Form 214, he was inducted and entered active duty on 6 February 1951. He was released from active duty on
26 November 1952. Item 18 (Date of Birth) on his DD Form 214 indicates he was born on 24 June 1950.
4. The applicant's Alabama State Department of Health-Bureau of Vital Statistics Delayed Certificate of Birth, issued on 7 March 1960, confirms the applicant was born on 24 June 1930.
DISCUSSION AND CONCLUSIONS:
1. Clearly the applicant was not born in 1950 in view of the fact that he served on active duty between February 1951 and November 1952. It appears a typographical error occurred during the preparation of his DD Form 214.
2. There is no reason to doubt the authenticity of the Alabama State Department of Health-Bureau of Vital Statistics Delayed Certificate of Birth, issued on 7 March 1960, and as such it is accepted as proof of the applicant's date of birth for the purpose of correcting his 1952 DD Form 214.
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 that his date of birth is 24 June 1930 vice 24 June 1950.
_______ 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) AR20080011615
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ABCMR Record of Proceedings (cont) AR20080011615
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