BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003632
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 the date of birth (DOB) listed in item 10 (Date of Birth) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states he believes there was a typographical error made when the DD Form 214 was prepared.
3. The applicant provides a copy of his birth certificate in support of his request.
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using the applicants DD Form 214 and the document he submitted.
3. The applicants DD Form 214 shows he was inducted into the Army on
20 April 1953. Item 10 lists his DOB as 5 March 1931.
4. The DD Form 214 shows the applicant was honorably released from active duty on 19 March 1955, in the rank of corporal, after completing 1 year and
11 months of active military service.
5. The applicant provides a copy of his birth certificate that shows his date of birth as 10 March 1931.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the DOB listed on his DD Form 214 has been carefully considered. However, his DD Form 214 shows he was separated using a DOB of 5 March 1931 and, in the absence of evidence to the contrary, it is presumed that he served with that DOB. 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.
2. While the applicants desire to have the records changed to reflect the DOB listed on the birth certificate he now provides is understood, there is no indication he questioned the DOB at any time during his military service, or at the time he was separated from active duty. Therefore, there is an insufficient evidentiary basis to support compromising the integrity of the Armys records to satisfy this request at this late date.
3. A copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded on his DD Form 214 and the one on his birth certificate.
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) AR20120003632
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ABCMR Record of Proceedings (cont) AR20120003632
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