IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120022315
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 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as November 1928 instead of December 1928.
2. The applicant states the DOB on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and a West Virginia Certificate of Birth.
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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 for the period ending 24 December 1953 shows his DOB as December 1928.
4. He submits a photocopy of a West Virginia Certificate of Birth showing a marked through birth month of "Dec" overwritten with "Nov."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 for the period ending 24 December 1953 shows his DOB as December 1928. The Certificate of Birth which he provided shows his DOB as December 1928 with the month marked through and overwritten with the month of November indicating a DOB of November 1928. There are no enlistment or other personnel-related documents available for review to determine the DOB he used at the time of enlistment. Therefore, there is an insufficient basis to change his DOB on his DD Form 214 for the period ending 24 December 1953 at this time.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his DD Form 214 changed to show his DOB as it is shown on the Certificate of Birth that he provided; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records based on the available information.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20120022315
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ABCMR Record of Proceedings (cont) AR20120022315
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