IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110022597
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as "1X JXXXXXX 1938" instead of "0X FXXXXXXX 1937."
2. The applicant states his DOB is incorrectly listed. He believes he was born on "X7 JXXXXXX 1938" but he did not have his birth certificate at the time.
3. The applicant provides his DD Form 214, and his birth certificate and an affidavit to amend record of birth.
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 2 years on 4 May 1955. A copy of his enlistment record which would have shown the DOB he used upon his enlistment is not available for review with this case. He completed 2 years of creditable active service.
4. He was honorably released from active duty on 3 May 1957 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation. His DD Form 214 shows in item 6 (DOB) "X7 FXXXXXXX 1937."
5. He submitted a birth certificate and an affidavit to amend record of birth that show his DOB as "1X JXXXXXX 1938".
DISCUSSION AND CONCLUSIONS:
1. The applicants enlistment document is not available for review with this case. It is unclear what DOB he used upon entering active duty. However, his reconstructed record contains a DD Form 214 that shows his DOB as "X7 FXXXXXXX 1937." In the absence of his military records or at least his enlistment document it is presumed that the DOB shown on his DD Form 214 is correct.
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, absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
3. Nevertheless, a copy of this decisional document along with the application and documents the applicant provided will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different DOB that is on his birth certificate. Filing the Board's decisional document in his record will also guarantee the historical integrity of the applicant's military record.
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) AR20110022597
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ABCMR Record of Proceedings (cont) AR20110022597
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