BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120010478
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 12 June 1944 instead of 12 July 1944.
2. The applicant states he never noticed the incorrect DOB on his DD Form 214 until now. He needs the correction for possible future benefits and for identification purposes.
3. The applicant provides:
* DD Form 214
* Certificate of Birth Registration, New York State Department of Health, filed on 20 June 1944 and issued on 18 August 2004
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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. his DOB as 12 July 1944;
b. he enlisted in the Regular Army on 18 January 1963 for a period of
3 years;
c. he served in the U.S. Army Europe (USAREUR) for a period of 2 years,
2 months, and 20 days;
d. he attained the rank/grade of specialist four (SP4)/E-4;
e. he was released from active duty on 28 December 1965 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation; and
f. he completed 2 years, 11 months, and 11 days of total active service.
4. The Certificate of Birth Registration provided by the applicant shows his DOB as 12 June 1944.
5. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his DOB as 12 June 1944 instead of 12 July 1944.
2. The applicant's DD Form 214 was issued showing his DOB as 12 July 1944. Unfortunately, there are no other military records available for review. As such, a determination cannot be made as to whether the DOB on his DD Form 214 was an error or that it was the date he provided and used during his active duty service.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. For historical purposes, the Army has an interest in maintaining the accuracy 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 understandable the applicant desires to now record his correct DOB on his
DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his reconstructed Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB on his DD Form 214 and to satisfy his desire to have his correct DOB documented in his military record.
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) AR20120010478
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ABCMR Record of Proceedings (cont) AR20120010478
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