BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024281
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, as the spouse of the former service member (FSM), requests correction of the FSMs DD Form 214 (Report of Separation from the United States of the United States) to show the year of his date of birth as 1932 instead of 1930.
2. The applicant states the FSMs medical records, primary care, and specialists have the right birth date of 2 July 1932.
3. The applicant provides:
* DD Form 214
* Birth certificate
* Marriage certificate
* Clinic visit summary
* Identification cards
* Power of Attorney
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 FSMs 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 DD Form 214 shows he enlisted in the Regular Army 19 March 1953 and was released from active duty on 18 March 1955.
4. His DD Form 214 shows his date of birth as 2 July 1930.
5. The applicant provided the FSMs birth certificate and their marriage certificate which both indicate his date of birth as 2 July 1932.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It 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. For historical purposes, the Army has an interest in maintaining the accuracy 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. Although evidence indicates an error exists, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the FSMs correct date of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date without an official document that verifies his actual date of birth.
2. Although the FSMs birth certificate and marriage certificate show his date of birth as 2 July 1932, his DD Form 214 indicates his DOB during his tenure of military service was recorded as 2 July 1930.
3. The applicant is advised that a copy of this decisional document which confirms the FSMs correct date of birth will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the date of birth recorded in his military record and to satisfy her desire to have the FSMs correct DOB documented in his records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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) AR20110024281
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ABCMR Record of Proceedings (cont) AR20110024281
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