IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010659
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 that his DD Form 214 (Report of Separation) be corrected to reflect that his year of birth is 1932.
2. The applicant states that his DD Form 214 incorrectly reflects his year of birth is 1931.
3. The applicant provides a copy of an unauthenticated Record of Birth and a copy of his DD Form 214.
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 members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant with his applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 2 September 1948. He completed his training and was transferred to Korea where he was promoted to the rank of corporal on 1 September 1950 and was wounded on 2 September 1950. He served 2 years, 3 months, and 20 days of foreign service.
4. On 5 June 1952, he was honorably discharged at Camp McCoy, Wisconsin. He had served 3 years, 9 months, and 4 days of active service and was awarded the Republic of Korea Presidential Unit Citation, Korean Service Medal with five bronze service stars, the Meritorious Unit Commendation, and the Purple Heart.
5. His DD Form 214 issued at the time of discharge shows his year of birth as 1931 which indicates that he was 17 years of age at the time of enlistment.
6. The record of birth provided by the applicant lists his year of birth as 1932.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. It must be presumed based on the available evidence that the applicant enlisted and served his entire period under the year of birth of 1931. He has offered no explanation as to why he served under a year of birth other than that which is listed on his record of birth.
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 understandable the applicant desires to now change his year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms the year he is currently using will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the year of birth recorded in his military record and to satisfy his desire to have his current year of birth documented in his official military records. Accordingly, there is no basis for granting the applicant's requested relief.
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) AR20120010659
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ABCMR Record of Proceedings (cont) AR20120010659
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