BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120007917
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 1 December 1933 vice 1 October 1932.
2. The applicant states his DOB had been incorrect from the time he entered [the service] as it was misstated at the time of his recruitment.
3. The applicant provides his DD Form 214 and a birth certificate.
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 his records were lost or destroyed in that fire. However, his reconstructed record contains sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant's available record shows he entered active duty as a member of the Army National Guard (ARNG) on 14 August 1950 and he held military occupational specialty 4740 (Radio Operator).
4. A Standard Form Number 88 (Report of Medical Examination), dated 11 June 1952, shows he underwent a separation physical examination on that date at the U.S. Army Hospital, Fort Dix, NJ. Item 12 (DOB) of this form contains the entry "1 October 1932."
5. He was honorably released from active duty on 13 June 1952 at Fort Dix, NJ, and assigned to the ARNG. He completed 1 year and 10 months of net active service during this period of service.
6. Item 10 (DOB) of the DD Form 214 he was issued shows his DOB as 1 October 1932. Item 48 (Signature of Person Being Separated) of this form contains the applicant's signature.
7. The applicant provides a Commonwealth of Pennsylvania Certification of Birth, dated 14 May 1984, wherein it shows an individual with the same first and last name as the applicant was born on 1 December 1933.
DISCUSSION AND CONCLUSIONS:
1. The applicant confirmed his DOB had been incorrect from the time he entered the service as it was misstated at the time of his recruitment. It can be presumed that he listed his DOB as 1 October 1932 when he enlisted in the ARNG and this is the DOB that was used throughout his military service. This is also the DOB that is shown on his DD Form 214.
2. 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 understood that the applicant now desires to have the DOB listed on his birth certificate listed in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. In view of the foregoing, there is insufficient evidence to grant him relief in this case.
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) AR20120007917
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ABCMR Record of Proceedings (cont) AR20120007917
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