IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024590
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 correct date of birth (DOB).
2. He states his correct DOB is 28 May 1931, but his DD Form 214 currently shows 28 May 1928.
3. He provides:
* letters to and from the National Personnel Records Center (NPRC),
St. Louis, MO
* a Standard Form (SF) 180 (Request Pertaining to Military Records)
* a DD Form 215 (Correction to DD Form 214)
* his copy of his birth record
* his DD Form 214
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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at NPRC in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the documents he provides and records in his reconstructed NPRC file.
3. On 29 January 1948, the applicant enlisted in the Regular Army (RA) for a period of 4 years.
4. The available record is void of documentation showing the DOB he provided when he enlisted in the RA.
5. On 26 January 1952, he was honorably discharged. Item 10 (DOB) of his
DD Form 214 shows the entry "28 May 28."
6. He provides a copy of a State of Wisconsin Copy of Birth Record that shows his DOB as "May 28th, 1931."
DISCUSSION AND CONCLUSIONS:
1. Regrettably, it appears the applicant's military record was destroyed in the 1973 NPRC fire. The only document available in his reconstructed record is his DD Form 214 that shows his DOB as 28 May 1928. There is no evidence indicating the DOB shown on his birth record was ever recorded in his military record as his correct DOB. In the absence of such evidence, it must be presumed that the DOB shown on his DD Form 214 accurately reflects the DOB recorded in his military record.
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 understandable the applicant desires to now record his correct birth year in his
military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented as such.
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) AR20110024590
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ABCMR Record of Proceedings (cont) AR20110024590
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