IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013690
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 military records to change his date of birth (DOB) from 15 January 1927 to 4 April 1927. He further requests his name be corrected from H_____ M_____ C_____ to M_____ H_____ C_____.
2. The applicant states his family will be ordering a marker for his grave when he passes and he wants to make sure the correct name and DOB are listed on his marker.
3. The applicant provides a certificate of birth, and a National Archives (NA) Form 13038 (United States of America Certificate of military Service).
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 complete 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 that his 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 records show he enlisted in the Regular Army on 18 November 1945. The last grade he held while serving on active duty was private first class/E-3. He was honorably discharged on 12 December 1946.
4. His records contain a WD AGO Form 372A (Final Payment Worksheet) which lists his DOB as 15 January 1927 and his name as H_____ M. C_____. He authenticated this document with his signature writing his name as H_____ M. C_____.
5. He provided an NA Form 13038 as evidence. This form lists his name as H_____ M. C_____. The form does not include his DOB.
6. He provided a copy of his certificate of birth as evidence. This certificate lists his DOB as 4 April 1927 and his name as M_____ H_____ C_____.
7. War Department Technical Manual 12-236 (Preparation of Separation Forms), then in effect, and Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for the preparation of the separation document. In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and 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 available evidence of record shows the applicant's DOB was listed as
15 January 1927 and his name was listed as H_____ M. C_____. This is the only name and DOB used in his available military records. He authenticated his WD AGO Form 372A by placing his signature in the appropriate place, indicating his name and DOB were correct.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 name and DOB in his military records as they are recorded on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records was correct at the time and there is insufficient evidence to grant him relief in this case.
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) AR20110013690
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ABCMR Record of Proceedings (cont) AR20110013690
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