IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018952
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:
a. his date of birth (DOB) as 17 March 1937 instead of 14 March 1934 in
item 6 (DOB).
b. he completed 1 year and 6 months of foreign service instead of 1 year, 3 months, and 15 days of foreign service in item 24c (Foreign and/or Sea Service).
2. He states he was born on 17 March 1937 and he completed 18 months, not 15 months of foreign service in Korea.
3. He provides his DD Form 214. He indicates on his application, that he provided his actual birth certificate and proof of his overseas duty; however, these documents were not attached to his application.
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 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 that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 27 September 1955 and was discharged on 21 January 1959. His discharge document also shows in:
* item 6 his DOB as 14 March 1934
* item 24c he completed 1 year, 3 months, and 15 days of foreign service
4. Headquarters, U.S. Army Forces, Far East and Eighth U.S. Army Letter Orders 1-151, dated 29 January 1957, show he was authorized to travel to Camp Drake, Japan for 7 days for a religious retreat.
5. The available evidence doesn't include documents which verify his DOB as 17 March 1937 or that he completed 1 year and 6 months of foreign service.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his DOB as 17 March 1937 is acknowledged. However, the available records are void of evidence and he has not provided any evidence which confirms his DOB.
2. 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 in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Although the applicant contends he completed 1 year and 6 months of foreign service in Korea, there is insufficient evidence to support his claim. Therefore, 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) AR20120018952
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120018952
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 September 1966, as follows: * Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927 * Item 7a (Race) from NA to American Indian * Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3 * Item 16 (Date Inducted), from blank to actual date of induction * Item 24b (Total Active Service) from 20 years, 6 months,...
ARMY | BCMR | CY2013 | 20130012227
Application for correction of military records (with supporting documents provided, if any). The regulation directs 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 available documents in his reconstructed record do not show his DOB.
ARMY | BCMR | CY2010 | 20100028938
The applicant provides a DD Form 214 for the period ending 21 January 1971. Evidence shows he served in Korea in 1964/1965 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 18 March 1965. Evidence shows he served in Germany in 1972/1973 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 21 January 1974.
ARMY | BCMR | CY2011 | 20110018275
Item 24c of his DD Form 214 shows he served 1 year and 25 days of foreign service in "USAREUR" [U.S. Army Europe]. There is no evidence which shows he served in Europe. _______ _ 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.
ARMY | BCMR | CY2010 | 20100012664
Therefore, it should be corrected on his DD Form 214 and remaining military records. Item 15 (DOB) of the applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) shows the entry "8 March 1937." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 31 December 1978 DD Form 214, item 4, and all military records to show his DOB as "37 03 09."
ARMY | BCMR | CY2009 | 20090020211
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Eighth United States Army (EUSA), Korea from 6 April 1960 through 23 April 1961 in item 29 (Foreign Service). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24c of his 6 November 1962 DD Form 214 by deleting the current entry and...
ARMY | BCMR | CY2009 | 20090010681
Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served 1 year, 3 months, and 9 days of foreign service. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location...
ARMY | BCMR | CY2010 | 20100028749
IN THE CASE OF: BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100028749 THE BOARD CONSIDERED THE FOLLOWING 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 foreign service in Korea from 1960 to 1962. His DD Form 214 shows he completed 2 years, 11 months, and 19 days of creditable active service.
ARMY | BCMR | CY2010 | 20100010067
Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his DD Form 214 and his DA Form 24 (Service Record) in support of his application. Section 2 (Chronological Record of Military Service) on his DA Form 24 shows he served in Vietnam from 17 September to 11 October 1965 (a period of 25 days).
ARMY | BCMR | CY2014 | 20140000440
Application for correction of military records (with supporting documents provided, if any). However, there is evidence showing that he was in Korea on 7 August 1956 and there is evidence showing that in February 1957 he was still in Korea. ________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.