IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007524
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 last name as "Colianne"
* his date of birth (DOB) as 23 November 1931
2. The applicant states he enlisted in 1948 with a phony birth certificate.
3. The applicant provides:
* DD Form 214
* State driver's license
* birth registration
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 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 his 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's DD Form 214 shows he enlisted in the Regular Army and entered active duty at Fort Sheridan, IL, on 10 January 1948. A copy of his enlistment record is not available for review with this case.
4. The applicant's DD Form 214 also shows at the time of his separation he held military occupational specialty 0590 (Radio Controlled Target Airplane Officer) and his most significant assignment was with the 5th Army Signal Repair Shop.
5. He completed 1 year, 10 months, and 28 days of creditable active service. He was released from active duty on 24 January 1950. His DD Form 214 shows in:
* item 1 (Last Name First Name Middle Name) his last name as "Colianni"
* item 10 (DOB) "23 NOV 30 (23 November 1930)"
6. He submitted a copy of a State driver's license and a birth certificate that both show his last name as "Colianne" and his DOB as 23 November 1931.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment record is not available for review with this case. It is unclear what last name or DOB he used upon entering active duty. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his last name as "Colianne" and his DOB as "23 November 1930." In the absence of his military records or at least his enlistment document, it is presumed that the DOB shown on his DD Form 214 is correct.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. Therefore, lacking 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 last name or 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 spelling of the last name and DOB he claims are correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the last name and 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 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) AR20120007524
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007524
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023827
Application for correction of military records (with supporting documents provided, if any). This available records contain a Certification of Military Service issued on 23 July 1981. This form includes his dates of service and characterization of service but does not list his DOB.
ARMY | BCMR | CY2008 | 20080014445
The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his date of birth (DOB) as "2 February 1931." The evidence shows that the DOB entered on the applicant's DD Form 214 is verified by his entire service record. The applicant reported his DOB as 25 July 1930 throughout his time in the service and signed his DD Form 214 attesting to its accuracy.
ARMY | BCMR | CY2014 | 20140005847
Application for correction of military records (with supporting documents provided, if any). The available evidence of record shows the applicant's DOB was listed as "1931." This is the only DOB listed in his available military records, the DD Form 214 he provided.
ARMY | BCMR | CY2015 | 20150001514
All the documents containing a date of birth in the applicant's reconstructed records list his year of birth as 1930. Item 10 (Date of Birth) of the applicant's DD Form 214 shows his year of birth as 1930. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2014 | 20140000242
The applicant states: * he was originally informed that his records were destroyed in a fire * he then received a letter containing a reconstructed, incorrect DD Form 214 * his birth certificate shows his DOB as 26 May 1931 * he enlisted with a friend and they both served in the same unit in Japan, and returned together as a unit * his buddy's DD Form 214 shows he served overseas for 1 year, 6 months, and 2 days 3. The applicant provides his: * his DD Form 214 * his buddy's DD Form 214 * a...
ARMY | BCMR | CY2013 | 20130007597
Application for correction of military records (with supporting documents provided, if any). 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. He had served 1 year, 9 months and 18 days of active service and his DD Form 214 issued at the time of his REFRAD shows his year of birth in item...
ARMY | BCMR | CY2013 | 20130006519
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...
ARMY | BCMR | CY2011 | 20110002458
As a new issue, the applicant requests correction of the hospital admission cards created by the Department of the Army Office of the Surgeon General (OTSG) for the year 1950 that show he was admitted to the hospital on 24 September 1950 and he was diagnosed with "fracture, compound, comminuted, with nerve involvement," the causative agent is shown as "bullet, small arms, machine gun," and he was transferred to "William Beaumont Army Hospital" for "orthopedic surgery"; and replace the...
ARMY | BCMR | CY2011 | 20110016708
The applicant provided several forms of identification which verifies the correct year of his birth as 1929; however, when he enlisted in the Army he used 1930 as the year of his birth and continued to use this year throughout his military career. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time, and there is insufficient evidence to grant the requested relief in this case. ABCMR Record of...
ARMY | BCMR | CY2015 | 20150004529
Application for correction of military records (with supporting documents provided, if any). The applicant, the spouse of a deceased former service member (FSM), requests correction of the date of birth (DOB) shown on the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States). There are no documents in the available military personnel records that show his DOB as 12 May 1931.