IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20110025197
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 Army Forces of the United States) to show his correct date of birth (DOB).
2. The applicant states his DOB should be 17 July 1928 instead of 27 July 1928.
3. The applicant provides a copy of his Certificate of Birth and 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 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 complete military service 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 the applicant's 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 was inducted into the Army of the United States on 27 October 1950. A copy of his DD Form 47 (Record of Induction) is not available for review.
4. A Standard Form (SF) 88 (Report of Medical Examination), dated
16 September 1952, was completed to document the applicant's physical examination at the time of his separation from active duty. It shows in item 12 (DOB) the entry "17 July 28" (i.e., 17 July 1928)
5. The applicant's DD Form 214 shows he was honorably released from active duty on 19 September 1952 and he was transferred to the Enlisted Reserve Corps complete his remaining Reserve obligation. He completed 1 year,
10 months, and 23 days of creditable active service. It shows in Item 10 (DOB) the entry "27 Jul 28" (i.e. 27 July 1928)
6. A Veteran Identification Screen printout attached to a National Archives Form 13023 (Request for Military Records/Information - Veterans Administration Files), dated 2 February 1992, shows the applicant's DOB as 17 July 1928.
7. In support of his application, the applicant provides a copy of a State of Nebraska, Certificate of Birth, that shows the applicant was born on "July 17, 1928." (The last digit of the year in the DOB appears to have been changed/ corrected from "7" to "8," which is the same year (1928) the document was filed.)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the DOB on his DD Form 214 should be corrected because it does not correspond with the DOB on his Certificate of Birth.
2. The evidence of record shows the applicant's DOB is 17 July 1928 and that his DOB is correctly recorded on his SF 88 and in the National Archive's recordkeeping system for veterans. It appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his 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 current entry and replacing it with the entry as shown on his Certificate of Birth.
_______ _ 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) AR20110025197
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ABCMR Record of Proceedings (cont) AR20110025197
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