IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006052
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 military record to show his date of birth (DOB) as 17 March XXXX instead of 25 March XXXX.
2. The applicant states his DOB is incorrectly listed on his military record and Department of Veterans Affairs (VA) records.
3. The applicant provides:
* birth certificate
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
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. An AGO Form 0388 (Statement of Service Enlisted Personnel Retirement) shows the applicant was inducted into the Army of the United States on 19 June 1945. He was discharged for convenience of the Government on 20 November 1946. He enlisted in the Regular Army on 21 November 1946. He was separated on 17 April 1947. This form was prepared on 22 October 1951, and shows his DOB as 25 March XXX.
3. The applicant was called to active duty on 15 October 1950.
4. A review of the applicant's military records shows his DOB as 25 March XXXX throughout his military career. The DOB he now claims does not appear on any documents in his records.
5. On 29 February 1952, the applicant was retired due to a permanent disability.
6. Item 10 (Date of Birth) of his DD Form 214 shows the entry "25 March XXXX."
7. The applicant submitted a copy of his birth certificate which shows his DOB as 17 March XXXX.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his military record to show his date of birth (DOB) as 17 March XXXX instead of 25 March XXXX was carefully considered.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. His DOB consistently appeared as 25 March XXXX throughout his military records. Therefore, absent convincing independent and verifiable evidence to the contrary it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
3. Nevertheless, a copy of this decisional document will be filed in his service record to provide clarity and to deal with any confusion that might arise regarding the different DOBs. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
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) AR20120006052
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ABCMR Record of Proceedings (cont) AR20120006052
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