IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009905
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:
* discharge date
* date of birth (DOB) as 30 June 19XX instead of 2 July 19XX
2. The applicant states that his DD Form 214 does not show his discharge date and his correct DOB. The Department of Veterans Affairs (VA) will not issue a certificate of eligibility without a discharge date on his DD Form 214 and his DOB should be corrected.
3. The applicant provides copies of his:
* DD Form 214
* Notification of Birth Registration showing his DOB as 30 June 19XX
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 military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents the applicant provided are sufficient 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 for
3 years on 13 May 1953. He was released from active duty on 13 February 1956. He had completed 2 years, 9 months, and 1 day of active service. Item
7 (Type of Separation) shows he was transferred to the U.S. Army Reserve, Item 10 (Date of Birth) shows 2 July 19XX, and item 38 (Remarks) shows (in part) "Transferred to USAR for completion of 8 years."
4. There are no other official military records available.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that 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. The instructions for item 10 (DOB) stated "self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 provides documentary evidence of his service at the time of release from active duty (emphasis added) or retirement or discharge. He was not discharged when his DD Form 214 was issued. His discharge date is not available, nor does it belong on his DD Form 214. His request to correct his DD Form 214 to show his discharge date should be denied.
2. While it is understandable that the applicant desires to now record the DOB that is on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 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. There is a reluctance to recommend that those records be changed.
3. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the DOB recorded in his record and the DOB that is listed on his birth registration. 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) AR20120009905
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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