BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110001994 


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.

2.  The applicant states his DOB is shown as "15 February 1934"; however, it should be "1 March 1934."

3.  The applicant provides a copy of his birth certificate.

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 documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His available record contains a personnel roster that shows on line entry #126 the applicant was inducted into the U.S. Army on 20 April 1956.  His year of birth (YOB) is shown as "1934."

4.  Special Orders Number 92, issued by Headquarters, Presidio of San Francisco, CA, dated 8 May 1958, released the applicant from active duty (REFRAD) on 13 May 1958 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The orders show the entry
"YOB:  1934."

5.  The applicant's DD Form 214 for the period ending 8 May 1958 shows he was honorably REFRAD on 13 May 1958 and he was transferred to the USAR Louisiana Military District to complete his remaining Reserve obligation.  Item 6 (Date of Birth) shows the entry "15 Feb[ruary] [19]34."  Item 34 (Signature of Person Being Transferred or Discharge) contains the applicant's signature.

6.  In support of his application the applicant provides a copy of a State of Louisiana, Certificate of Live Birth, issued on 12 May 2004 that shows he was born on "MARCH 1, 1934."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct DOB because it is in error.

2.  Records show the applicant's YOB was recorded in his official military service record as "1934" and at the time of his separation processing the applicant signed his DD Form 214 acknowledging the information reflected as being correct to the best of his knowledge.

3.  The applicant now submits a copy of his birth certificate showing his DOB as 1 March 1934.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the 
document provided by the applicant is insufficient to warrant a change to the DOB on his DD Form 214.
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 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 military record and to satisfy his desire to have his correct DOB documented in his official record.

7.  In view of the foregoing, there is no basis for granting the 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 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)                                         AR20110001994



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ABCMR Record of Proceedings (cont)                                         AR20110001994



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