IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013418
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) and place of birth, and to be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).
2. He states his correct DOB is "xx August xxx8" and his place of birth was "Pxxx Lxxxxx, TX."
3. He provides a copy of his DD Form 214 (Armed Forces of the United States Rep[ort of Transfer or Discharge) and 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 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. His military 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 his records were lost or destroyed in that fire. However, his DD Form 214 and birth certificate are sufficient for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 19 April 1955. After the completion of training, he served in military occupational specialty 642.10 (Heavy Vehicle Mechanic).
4. Item 5 (Place of Birth) of his DD Form 214 shows the entry Cxxxxx Cxxxxxx, TX and item 6 (DOB) shows xx August xxx7.
5. He was honorably discharged on 9 December 1957, after completing 2 years, 7 months, and 21 days of total active service.
6. He provided a copy of his birth certificate issued on 1 August 1997. This document shows his DOB as xx August xxx8 and the place of birth as "Pxxx Lxxxxx, TX."
DISCUSSION AND CONCLUSIONS:
1. His request to be issued a DD Form 215 which shows his correct DOB and place of birth was carefully considered.
2. He provided a copy of his birth certificate which shows his DOB as xx August xxx8 and the place of birth as "Pxxx Lxxxxx, TX;" however, his service records that would show what DOB and place of birth he enlisted under and served in are not available.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicants DD Form 214 was correct at the time, and there is insufficient evidence to grant the requested relief in this case.
4. 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 that he desires to now record his correct DOB and place of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. He is advised that a copy of this decisional document, which confirms his correct DOB and place of birth, will be filed in his reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in information recorded in the applicants military record and to satisfy his desire to have the correct information 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) AR20110013418
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013418
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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