IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019615
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 the year of his birth shown on item 10 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to read 1934 instead of 1932.
2. The applicant states the year of his birth on his military papers is incorrect and it is causing the insurance company problems. He further states he is trying to get Department of Veterans Affairs (VA) benefits.
3. The applicant provides copies of:
* his birth certificate
* an unreadable copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
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. It appears the applicant was attempting to address a second issue on his application. However, the additional issue is incomplete on the copy received by the ABCMR and it cannot be determined what he is actually requesting. Therefore, the only issue that will be addressed in these Proceedings is the year of the applicant's birth shown on his DD Form 214.
3. The applicants military personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973. The records available to the Board that show his DOB are his DD Form 214 and the birth certificate provided by the applicant. Additionally, the records provided by NPRC containing his DOB are a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 22 August 1990, and a Privacy Act Release authorization, dated 23 August 1990, to a Member of Congress. Both documents show his year of birth as 1932.
4. The applicant enlisted in the Regular Army on 17 November 1950 for a period of 3 years. There is no record of what document was used to verify his DOB at the time of his enlistment.
5. On 16 November 1953, the applicant was discharged. Item 10 of his
DD Form 214 shows the year of his birth as 1932.
6. The Certificate of Birth issued by the Wyoming State Board of Health, Bureau of Vital Statistics shows applicant was born in 1934.
DISCUSSION AND CONCLUSIONS:
1. The applicant's birth certificate shows the year of his birth as 1934.
2. The applicant's DD Form 214 shows the year of his birth as 1932. The applicant's DOB would have been verified at the time of his enlistment; however, there is no record of what document was used.
3. The applicant's SF 180 and Privacy Act Release authorization, both signed by him, show the year of his birth as "1932."
4. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 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, which confirms his correct DOB, will be filed in his reconstructed 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.
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) AR20100019615
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019615
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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