IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009059
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 the date of birth (DOB) shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states his DOB has to be corrected. It is shown on his DD Form 214 as 21 February 1930 and should be shown as 15 August 1930. When he received his birth certificate he noticed the difference.
3. The applicant provides:
* Birth Certificate
* DD Form 214
* Certificate of Service
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 complete military records are not available 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, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. He submits a copy of a certificate of birth from the Government of Puerto Rico that certified an individual with the same first, middle, and last name as his was born on 15 August 1930.
4. The available evidence shows he was inducted into the Army of the United States on 22 August 1951.
5. He was honorably released from active duty on 14 September 1953. He was credited with completing 2 years and 23 days of net active service with 7 months and 26 days of foreign service.
6. Item 10 (DOB) of his DD Form 214 shows his birth date as 21 February 1930.
DISCUSSION AND CONCLUSIONS:
1. The evidence the applicant submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created. Without his induction or service records, it cannot be determined what DOB he provided when was inducted or what DOB was listed in his service records.
2. While his desire to have item 10 of his DD Form 214 changed to show the birth date he now uses is understood, it is not a basis for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his official military personnel file for reference purposes.
3. In view of the foregoing, there is no basis for granting his 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) AR20120009059
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ABCMR Record of Proceedings (cont) AR20120009059
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