IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029603
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 date of birth (DOB).
2. The applicant states the DOB in his military records is wrong.
3. The applicant provides, in support of his request, a copy of a birth certificate showing a DOB of 16 December 1930.
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. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were seriously damaged 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 13 October 1954 and he was released, on 2 September 1958, with an honorable characterization of service in the rank of sergeant/E-5. His DD Form 214 (Report of Transfer or Discharge) shows his DOB as 9 June 1936.
4. The following documents are available and they also show the applicant's DOB as 9 June 1936:
* a Standard Form 88 (Report of Medical Examination), dated 24 July 1958
* a Master Index Card that shows he served in an active duty status from
13 October 1954 to 2 September 1958
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant only used one DOB and this date was 9 June 1936 which is the date shown on his DD Form 214.
2. For historical purposes, the Army has an interest in maintaining the integrity 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. There is insufficient compelling reason for compromising the integrity of the applicant's records at this late date.
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) AR20100029603
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ABCMR Record of Proceedings (cont) AR20100029603
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