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ARMY | BCMR | CY2011 | 20110023827
Original file (20110023827.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023827 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to change his date of birth (DOB) from "X September 1930" to "X September 1931."

2.  The applicant states the error was discovered by the Public Assistance office and they demanded the correction.  He needs the correction so he can receive public assistance.

3.  The applicant provides:

* birth certificate
* marriage certificate
* DD Form 214
* Pennsylvania Identification Card
* Medicare card
* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)

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 applicant’s 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 applicant’s 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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  The DD Form 214 and a Certification of Military Service are the only documents remaining in the reconstructed record for review in this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States at Fort Buchanan, PR, and entered active duty on 8 July 1952.  He held military occupational specialty 4345 (Light Truck Driver).  This form lists his DOB as "X September 1930" and shows the highest rank he held was private/E-2.  He was honorably released from active duty on 20 July 1954.  

4.  This available records contain a Certification of Military Service issued on 23 July 1981.  This form includes his dates of service and characterization of service but does not list his DOB.

5.  The applicant provided several documents showing a name similar to his and a DOB of: 

* Birth Certificate - "XX November 1931"
* Certification of Marriage - "X September 1931"
* DD Form 214 - "X September 1930"
* Pennsylvania Identification Card - "X September 1931"

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant show three distinctly different DOB's.

2.  Additionally, his 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 "X September 1930."   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. 

3.  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.

4.  Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different DOB recorded 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 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)                                         AR20110023827





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110023827



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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