IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018346
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 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 30 August 1932 vice 10 June 1932.
2. The applicant states his DOB is incorrect on his DD Form 214 because he knowingly registered [for the draft] before his 18th birthday just so he could buy beer or wine. He knows that was a bad reason to do so and quit drinking when he was 25 years of age.
3. The applicant provides his DD Form 214 and a 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. The applicant's 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, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 30 March 1953 and entered active service on that date at Charlotte, NC. This form also shows at the time of separation he held military occupational specialty 4345 (Light Vehicle Driver) and his most significant duty assignment (i.e., his last duty assignment) was with Headquarters Detachment, 7822 Station Complement Unit, Germany.
4. He was honorably released from active duty on 11 March 1955 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 12 days of creditable active. Item 10 (DOB) of his DD Form 214 shows his DOB as 10 June 1932.
5. The applicant provides a State of North Carolina Certificate of Live Birth, dated 23 September 1965, that shows an individual with the same name as the applicant was born on 30 August 1932.
DISCUSSION AND CONCLUSIONS:
1. The applicant confirmed he knowingly registered for the draft with an incorrect DOB. It can be presumed that he listed his DOB as 10 June 1932 which is shown on his DD Form 214.
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 understood that the applicant desires to have the DOB listed on his birth certificate listed in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. In view of the foregoing, 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) AR20110018346
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ABCMR Record of Proceedings (cont) AR20110018346
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