IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120021896
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 5 May 1934 instead of 25 May 1934.
2. The applicant states he was unaware of the administrative error until it was recently pointed out to him by the Department of Veterans Affairs.
3. The applicant provides:
* DD Form 214
* Texas driver's license expiring on 25 May 2013
* Mexican birth certificate registered on 2 September 1997
* U.S. Certificate of Naturalization, dated 5 November 1964
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 his records were lost or destroyed in that fire.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 19 November 1956. His DD Form 398 (Statement of Personal History) and/or his DD Form 47 (Record of Induction) which would have shown the DOB the applicant recorded at the time of his induction are not available for review with this case.
4. He was honorably released from active duty on 24 February 1958.
5. Item 6 (DOB) of his DD Form 214 shows the entry "5 May 34."
6. He submitted his state driver's license, birth certificate, and naturalization certificate showing his DOB as 25 May 1934.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's available records are void of his induction document that shows the DOB he recorded upon entry into military service. The only available military document is the DD Form 214 he provides. This document shows his DOB as 5 May 1934. In the absence of compelling information to the contrary, there is an insufficient basis for changing the applicant's DOB on that form.
2. Nevertheless, a copy of this decisional document will be filed in the applicant's official military records. This should serve to clarify any questions or confusion regarding the different DOB's and adequately document the requested DOB in his records.
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) AR20120021896
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ABCMR Record of Proceedings (cont) AR20120021896
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