BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004023
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 date of birth (DOB) as
16 October 1931.
2. He states his DOB should be 16 October 1931 instead of 3 January 1931.
3. He provides his DD Form 214 and a notarized Affidavit of Personal Knowledge and Memory Class B, dated 12 July 1988.
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 was inducted into the Army of the United States (AUS) on
11 January 1949. On 10 January 1950, he was honorably discharged from the AUS and on 11 January 1950, he enlisted in the Regular Army (RA) for a period of 6 years.
3. On 29 April 1954, he was discharged from active duty prior to the expiration of his term of service for the convenience of the Government. He completed 5 years, 3 months, and 19 days of total net service for pay. The DD Form 214 he was issued at the time shows his DOB as 3 January 1931.
4. His records contain two Standard Forms (SF) 88 (Report of Medical Examination) that shows his DOB as 3 January 1931.
5. He submits an Affidavit of Personal Knowledge and Memory Class B, dated 12 July 1988, that shows his sister swore his DOB was 16 October 1931.
6. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 for the period ending 29 April 1954 and two
SFs 88 show his DOB as 3 January 1931. The Affidavit of Personal Knowledge and Memory that he provided indicates his DOB was 16 October 1931. He served in the Army with his record showing his DOB as 3 January 1931. There is insufficient evidence of record or independent evidence that suggests the DOB recorded in his military record was a material error. Therefore, there is an insufficient basis to change his DOB on his DD Form 214 for the period ending 29 April 1954 at this time.
2. 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. 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 DOB 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 will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120004023
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ABCMR Record of Proceedings (cont) AR20120004023
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