IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025134
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 correct date of birth (DOB).
2. The applicant states he was underage when he entered the service, but gave a false DOB so he could join. He states he later tried to fix the error, but he was told to leave it alone until after he was discharged.
3. The applicant provides his DD Form 214 and State of Tennessee 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 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 applicants 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 the applicants records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 21 December 1953 for a period of 3 years. He was awarded military occupational specialty 112.10 (Heavy Weapons Infantryman).
4. On 16 August 1957, he was released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR), Tennessee Military District, to complete his remaining service obligation. His DD Form 214 shows he completed 2 years, 9 months, and 12 days of total active service.
5. Item 6 (Date of Birth) of his DD Form 214 shows the entry "15 September 1935."
6. He provided a copy of his State of Tennessee Delayed Certificate of Birth, which shows his DOB as 10 February 1937.
7. 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. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the
DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows and the applicant admitted that upon his enlistment and entry on active duty, he listed his DOB as 15 September 1935 in order to join military service. Since he was underage, he did not use the DOB that he now claims is correct during his period of military service.
2. 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.
3. 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 record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his available military record and to satisfy his desire to have his correct DOB documented in his military personnel file.
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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025134
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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