IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130002213
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 31 August 1929 instead of 31 August 1930.
2. The applicant states his DOB is incorrect on his DD Form 214.
3. The applicant provides:
* birth certificate
* DD Form 214
* letter from the National Personnel Records Center, dated 10 January 2013
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.
3. The applicant's DD Form 214 shows he was:
* born on 31 August 1930
* inducted into the Army of the United States on 6 December 1951
* released from active duty on 13 November 1953
4. The applicant submitted a copy of his birth certificate issued by the State of Alabama, Jefferson County, on 17 September 1959 that shows his DOB as 31 August 1929.
5. 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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It establishes standardized policy for preparing and distributing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show his DOB as 31 August 1929 was carefully considered. Although he provided a copy of his birth certificate which shows his DOB as 31 August 1929, this birth certificate was issued on 17 September 1959 nearly 6 years after his separation from active duty. As such, it is insufficient evidence to show the DOB he claimed during his military service. In addition, since his records are not available it cannot be determined what DOB he provided to the Army when he was inducted.
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 that the applicant desires to now record the DOB shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms the DOB recorded on his birth certificate will be filed in his service records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and that shown on his birth certificate.
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) AR20130002213
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ABCMR Record of Proceedings (cont) AR20130002213
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