BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019761
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 13 March 1933 instead of 13 March 1953.
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides his 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 applicants 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. The applicant's DD Form 214 shows he enlisted in the Regular Army for 3 years on 23 January 1951. A copy of his enlistment document is not available for review with this case.
4. He completed 3 years of creditable active service, of which 1 year and 7 months was foreign service. He was honorably released from active duty on 25 January 1954.
5. Item 10 (Date of Birth) of his DD Form 214 shows the entry "13 Mar 53."
6. He submitted a copy of his birth certificate that shows his DOB as 13 March 1933.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's enlistment record is not available for review with this case, it is clear that he could not have been born on 13 March 1953 and entered active duty 2 years earlier in 1951. It appears his DD Form 214 inadvertently listed his year of birth as 1953 instead of 1933.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, he should be entitled to correction of his DD Form 214 to show the correct DOB.
BOARD VOTE:
__X___ __X______ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting from item 10 of his DD Form 214 the entry "13 Mar 53"
* adding to item 10 of his DD Form 214 the entry "13 March 1933"
_______ _ 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) AR20110019761
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ABCMR Record of Proceedings (cont) AR20110019761
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