IN THE CASE OF:	  

		BOARD DATE:	    23 August 2011

		DOCKET NUMBER:  AR20110001220 


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 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as
5 August 1928 instead of 1 August 1928.

2.  He states his DOB is incorrectly shown as 1 August 1928 on his DD Form 214 when, in fact, he was born on 5 August 1928.  He states his birth certificate shows his DOB as 5 August 1928; however, he did not provide a copy.

3.  He provides no additional evidence.

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 record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of his DD Form 214, three Standard Forms (SF) 88 (Report of Medical Examination) provided by the National Personnel Records Center (NPRC), and an undated SF 180 (Request Pertaining to Military Records) the applicant submitted to the NPRC.

3.  The applicant's available record shows he was inducted into the Army of the United States on 9 March 1954.  On 27 February 1956, having completed 1 year, 11 months, and 19 days of active service this period he was honorably released from active service and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.

4.  A review of the available documents consistently shows his date of birth as 1 August 1928.

5.  His record contains three SFs 88 rendered on the dates he underwent physical medical examinations.  Each of these forms shows his DOB as 1 August 1928:

* 13 April 1953:  pre-induction examination
* 8 March 1954:  induction examination
* 25 February 1956:  separation examination

6.  Item 10 (DOB) of his DD Form 214 shows his DOB as 1 August 1928.  The applicant authenticated this DD Form 214 with his signature.

7.  Item 3 (DOB) of the SF 180 the applicant submitted to the NPRC shows the entry "8/1/28" indicating 1 August 1928.

7.  His record contains an SF 180 he submitted to the NPRC wherein he indicated his date of birth as "8/1/28" (1 August 1928).  This form is authenticated with his signature.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated 

that the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided 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 applicant's contention that his DD Form 214 should be corrected to change his date of birth from 1 August 1928 to 5 August 1928 was carefully considered and determined to lack merit.

2.  The evidence of record shows his date of birth consistently appeared as 1 August 1928 on every available document in his reconstructed service personnel record.

3.  His record also contains a document he submitted after his separation from the Army, wherein he indicated his date of birth as 1 August 1928 and authenticated the document with his signature.

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

5.  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 Army’s records at this late date.  

6.  The applicant is advised that a copy of this decisional document along with his application 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 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)                                         AR20110001220



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ABCMR Record of Proceedings (cont)                                         AR20110001220



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