IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120019330
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 records to show his correct date of birth (DOB).
2. The applicant states he misrepresented his DOB to enter the military. He claimed his DOB was 3 September 1929; however, his actual DOB is 3 September 1932.
3. The applicant provides a copy of his birth certificate and his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there are sufficient records in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he entered active duty in the Regular Army on 20 July 1948 and he was honorably discharged on 29 April 1952. Item 10 (DOB) shows the entry "3 SEPT 29" and item 48 (Signature of Person Being Separated) shows the applicant placed his signature on the document.
4. An NPRC form titled "Want Your Medals?" shows the applicant requested copies of his awards and government-issued medals on 24 July 1995. It shows his DOB was entered as "3rd Sept 1929."
5. In support of his application, the applicant provides a copy of a State of New Mexico, Health and Environment Department, Health Service Division, Bureau of Vital Statistics, Certificate of Birth that shows the applicant was born on 3 September 1932."
6. Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established policy for preparing the DD Form 214. Paragraph 13 provides these instructions for item 10, enter date in the order shown on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Certificate of Birth shows a DOB of "3 September 1932."
2. In applying for entry into the U.S. Army in July 1948 the applicant reported that his DOB was "3 September 1929." It appears this was done for fraudulently entering the Army because the applicant would have been under the age of 17 at the time.
3. The applicant's DD Form 214 shows the DOB that he claimed at the time he entered active duty.
4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change of the DOB in his official records.
5. 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 at the time, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the DOB that is listed on his Certificate 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.
6. The applicant is advised that a copy of this decisional document will be filed in the Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in his DOB and to satisfy his desire to have his actual DOB shown in the AMHRR.
7. In view of the foregoing, there is no basis for granting the 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 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) AR20120019330
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019330
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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