IN THE CASE OF:	

		BOARD DATE:	12 April 2011

		DOCKET NUMBER:  AR20100024686 


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 to the date of birth (DOB) recorded on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and to the discharge date listed on his honorable discharge certificate.

2.  The applicant states his correct DOB is 26 May 1933, not 23 May 1933 as listed on his DD Form 214 and the date on his discharge certificate, 5 June 1961, is not correct. 

 3.  The applicant provides copies of his DD Form 214, honorable discharge certificate, and orders announcing his release from active duty.

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 service 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient available documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States for a period of 2 years on 19 May 1953.  He was honorably released from active duty on 7 April 1955 and he was transferred to the U.S. Army Reserve (USAR) Virginia Military District to complete his Reserve obligation.  He completed 1 year, 10 months, and 19 days of net active service during this period.  It also shows in:

	a.  item 10 (DOB) – "3 May 33", and

	b.  item 48 (Signature of Person Being Separated) – the applicant signed the document.

4.  In support of his request, the applicant provides a copy of:

     a.  a Commonwealth of Virginia Certificate of Live Birth issued on 
22 December 2009 that shows his DOB as May 26, 1933, and

     b.  an honorable discharge certificate showing the applicant was honorably discharged from the Army of the United States on 5 June 1961.  

5.  Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214. The instructions for item 10 state "self-explanatory."

6.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DOB shown on his DD Form 214 should be corrected to 26 May 1933 and that the date on his discharge certificate, 5 June 1961, is not correct. 

2. The only available record listing the applicant's DOB is the DD Form 214 which shows 23 May 1933.  The applicant signed this document.  There is no available evidence to show that he entered the service or served with any other DOB.

3.  The applicant has not provided any available evidence to show the 5 June 1961 date on his honorable discharge certificate is not correct.  

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.  Thus, there is no basis for granting the applicant's request to change the DOB in his Army records or on his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  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 Army's 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 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 Army records and to satisfy his desire to have his DOB documented in his OMPF.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20100023112



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ABCMR Record of Proceedings (cont)                                         AR20100024686



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