IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100001247
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, correction to Item 10 (Date of Birth) and Item 28 (Most Significant Duty Assignment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states, in effect, his correct date of birth and the company where he served the Korean Conflict is incorrectly shown on his DD Form 214 due to human error.
3. The applicant provides copies of his Certificate of Birth and his DD Form 214.
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. His military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant submitted a copy of a Certificate of Birth from the Commonwealth of Puerto Rico that certified an individual with the applicant's same first and last name was born on 8 November 1932.
4. The available evidence shows the applicant was inducted into the Army of the United States on 4 October 1951. He served overseas 1 year and 29 days and he was awarded the Korean Service Medal with three bronze service stars. He was honorably released from active duty on 30 June 1953 and transferred to the Enlisted Reserve Command to complete his service obligation.
5. His DD Form 214, Item 10, shows his date of birth as 8 November 1931. Item 28 shows Company F, 32nd Infantry Regiment.
6. Army Regulation 615-360-1 (Enlisted Separations), then in effect, governed discharge procedures and preparation of separation forms for enlisted personnel. Instructions for completion of item 28 of the DD Form 214 were: "Enter the last unit, or similar element, to which assigned for duty rather than the element of which individual was a part while moving to a separation point. Assignments to units for the purpose of transfer from an overseas command to the United States are considered a part of the movement to a separation point. The title and/or number of the organization will be precisely as indicated in the service record."
DISCUSSION AND CONCLUSIONS:
1. The available evidence is not sufficient to show that an error exists and the applicant failed to provide sufficient evidence to support the change of his birth date on his DD Form 214. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While the applicant's desire to have his DD Form 214 changed to show the birth date he now uses is understood it is not a basis for compromising the integrity of the Armys records. A copy of this decisional document along with the application and enclosures will be filed in a reconstructed record for reference purposes.
3. There available evidence is also not sufficient to correct Item 28 of the applicant's DD Form 214 to show his most significant duty assignment was other than Company F, 32nd Infantry Regiment during the Korean Conflict. The available evidence shows this unit was his most significant duty assignment (i.e., for enlisted personnel, the last duty assignment) and it was entered in Item 28 of his DD Form 214. Based on this evidence and in accordance with regulatory guidance there appears to be no basis for correction of Item 28.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100001247
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ABCMR Record of Proceedings (cont) AR20100001247
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