IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023925
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 13 April instead of 12 April.
2. The applicant states his date of birth was not verified at enlistment and reads 12 April on his DD Form 214.
3. The applicant provides a copy of his birth certificate 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 applicant's 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 applicant's 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's military records show he was inducted into the Army of the United States on 25 May 1957. He completed initial entry training, was awarded military occupational specialty 630 (auto maintenance helper), and was promoted to the rank of private/E-2.
4. He was honorably discharged from active duty on 15 April 1958. The DD Form 214 he was issued shows he completed a total of 10 months and 21 days of active military service. This form shows his date of birth as 12 April.
5. The birth certificate he provided shows his date of birth as 13 April.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The birth certificate the applicant provided shows his date of birth as 13 April and his DD Form 214 shows a date of birth of 12 April. There are no other military records available. Due to this contradiction and the lack of available service records, it is not possible to determine with certainty the date of birth he provided upon induction and under which he served.
2. While it is understood that he desires to have his date of birth changed in his records, the evidence is insufficient for compromising the integrity of the Army's records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. Based on his statement that his birth date entry was not verified at enlistment, it must be presumed that the applicant enlisted, served, and was discharged using 12 April as his date of birth.
3. There is insufficient evidence of record or independent evidence that suggests the date of birth recorded in his military records was a material error. Therefore, those records should not be changed.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided which shows his date of birth as 13 April will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to his date of birth and satisfy his desire to have the date of birth shown on his birth certificate documented in his OMPF.
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 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) AR20100023925
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100023925
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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