IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120022807
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 records be corrected to show the day and month of his date of birth is 6 June instead of 21 April.
2. The applicant states his records incorrectly reflect that his day and month of birth is 21 April when in fact it is 6 June. He does not know how it happened and he did not notice it until about a year ago; however, he desires to have it corrected.
3. The applicant provides a copy of his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service) and copies of his birth certificate.
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 FSM'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 FSM's records were lost or destroyed in that fire. However, the documents provided by the applicant with his application are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 7 October 1957 and served until he was honorably discharged on 10 January 1958. His Certification of Military Service issued on 2 November 2005 reflects his day and month of birth as 21 April.
4. All of the available documents contained in the reconstructed record also show his day and month of birth as 21 April.
5. The birth certificates provided by the applicant show his day and month of birth as 6 June.
DISCUSSION AND CONCLUSIONS:
1. All of the available documents contained in the reconstructed record indicate that the applicant served with a day and month of birth of 21 April and he has not provided a sufficient explanation as to why or provided evidence to show that he did not serve with that day and month of birth. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 date of birth (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. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his official 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 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) AR20120022807
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ABCMR Record of Proceedings (cont) AR20120022807
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