IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002114 


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 date of birth as 24 November 1932.

2.  The applicant states he was born in Jakobpile, Latvia, on 24 November 1932 and his date of birth was incorrectly recorded as 22 November 1932 when he entered the U.S. Army.

3.  The applicant provides:

* DD Form 214 for the period ending 7 May 1962
* DD Form 215 (Correction to DD Form 214) for the period ending 7 May 1968
* religious confirmation of record
* translation of religious confirmation of record
* Certificate of Translation and Translator Qualifications
* Certificate of Authenticity

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 record shows he enlisted in the Regular Army on 30 January 1953 and was honorably discharged for immediate reenlistment on 7 May 1962.  Item 6 (Date of Birth) of his DD Form 214 lists his date of birth as 22 November 1932.  The applicant’s record also contains a DD Form 214 which shows the applicant was honorably discharged on 7 May 1968 for expiration of term of service.  Item 9 (Date of Birth) of his DD Form 214 also lists his date of birth as 22 November 1932.  The DD Form 214 further shows he held military occupational specialty 94B (Mess Steward) at the time of his separation and had completed 15 years, 3 months, and 8 days of creditable military service.

3.  A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows his date of birth consistently appears as 22 November 1932.

4.  Item 6 (Date of Birth) of his DA Form 20 shows his date of birth as 22 November 1932.

5.  His record contains a Standard Form 180 (Request Pertaining to Military Records), dated 21 February 1990, wherein he indicated his date of birth as 22 November 1932 and authenticated the document with his signature.

6.  The applicant provides copies of his religious confirmation record with its certified translation which shows his date of birth as 24 November 1932.

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.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's 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 applicant's request to correct his DD Form 214 to show his date of birth as 24 November 1932 was carefully considered.  Unfortunately, the evidence of record shows his date of birth consistently appeared as 22 November 1932 on every document in his available personnel record throughout his period of service.  In addition, he authenticated several of these documents by placing his signature in the appropriate blocks.

2.  His record also contains a document he submitted over 21 years after his DD Form 214 was issued wherein he indicated his date of birth as 22 November 1932 and authenticated the document with his signature.

3.  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.

4.  The fact that his religious confirmation record shows his date of birth as 24 November 1932 is duly noted and a copy will be added to his record along with a copy of this Record of Proceedings.  However, this does not change the conditions and circumstances that existed at the time his service records were created.

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110002114



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ABCMR Record of Proceedings (cont)                                         AR20110002114



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