BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013392
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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that his date of birth (DOB) is 26 Mxx 19x3 instead of 21 Mxx 19x3.
2. The applicant states that his DD Form 214 incorrectly reflects his DOB as 21 Mxx 19x3 instead of 26 Mxx 19x3.
3. The applicant provides a copy of his DD Form 214 and a copy of his birth certificate showing his DOB as 26 Mxx 19x3.
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 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 the applicant's records were lost or destroyed in that fire. However, the documents contained in the reconstructed records and the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Alabama Army National Guard and entered active duty on 6 December 1949. At the time of his enlistment he indicated that his DOB was 21 Mxx 19x3. He served his entire enlistment using the DOB of 21 Mxx 19x3.
4. On 18 December 1953 he was honorably discharged and his DD Form 214 issued at the time of his discharge reflects a DOB of 21 Mxx 19x3.
5. The birth certificate provided by the applicant with his application reflects that his DOB is 26 Mxx 19x3.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted using the DOB of 21 May 1933 and served his entire enlistment using that DOB and he has offered no explanation as to why he served under a DOB other than that which was his legal DOB.
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 change his 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.
3. The applicant is advised that a copy of this decisional document which confirms the DOB he is currently using 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 current DOB documented in his OMPF. Accordingly, there is no basis for granting the applicant's 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.
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ABCMR Record of Proceedings (cont) AR20110013392
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