IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120005025
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 record to show his correct date of birth (DOB).
2. The applicant states:
a. he misrepresented his DOB upon entry on active duty; and
b. his military record should be corrected to coincide with the DOB entry shown on his birth certificate.
3. The applicant provides copies of:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certificate of Birth
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 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 the applicant's records were lost or destroyed in that fire. This applicant's DD Form 214 is the primary document used in this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 4 June 1954. He continued to serve until he was honorably released from active duty on 15 May 1957. Item 6 (DOB) of his DD Form 214 shows the entry
"10 Jun x6" (10 June xxx6).
4. The Certificate of Birth provided by the applicant, issued on 8 November 1938, shows his DOB as 10 June xxx7.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his correct DOB as 10 June xxx7, which is the date that is reflected on his birth certificate.
2. The available evidence shows he served using the DOB listed on his DD Form 214. In addition, he admits he misrepresented his DOB upon entry into the Army.
3. 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 the DOB that is listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document which lists the DOB that is listed on his birth certificate will be filed in his reconstructed record. 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 the DOB on his birth certificate documented in those records.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120005025
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ABCMR Record of Proceedings (cont) AR20120005025
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