IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130006404
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 the record of her deceased father, a former service member (FSM), to show his correct date of birth (DOB).
2. The applicant states, in effect:
a. the FSM's record should be corrected to show the DOB listed on his birth certificate, which is "September 1929" instead of "September 1930";
b. her father passed away on 16 February 2013 and he was buried at the Hawaii State Veterans Cemetery in Kaneohe, Hawaii, on 5 March 2013; and
c. a representative at the Veterans Burial Office informed her that the FSM's headstone will show the DOB that is listed on his DD Form 214 and the headstone order can only be held for 3 months.
3. The applicant provides copies:
* A self-authored statement
* Certificate of Death
* Birth Certificate
* Durable General Power of Attorney
* Four DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA AGO Form 20 (Soldier's Qualification Card)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 4 (Enlistment Record United States Army)
* DA Form 24 (Service Record)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 8 September 1950, the FSM entered active duty as a member of the National Guard of the United States. The DA AGO Form 20 completed upon his entry on active duty lists his DOB as "September 1930."
3. The FSM's record contains four DD Forms 214 for the periods of service listed below and they all list his DOB as "September 1930"; this includes his final
DD Form 214 that was issued on 26 May 1964.
* 8 September 1950 11 July 1952
* 12 July 1952 4 June 1958
* 5 June 1958 30 May 1961
* 31 May 1961 26 May 1964
4. All of the documents contained in the FSM's military record which include his DOB show his DOB as "September 1930" and there are no documents in his record that list his DOB differently.
5. The applicant provides a copy of the FSM's certificate of birth and certificate of death. These two documents list his DOB as "September 1929."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's DD Form 214 should be corrected to show his correct DOB as "September 1929."
2. The available evidence shows the FSM served exclusively using the DOB of "September 1930."
3. For historical purposes, the Army has an interest in maintaining the integrity 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 DOB in his Army Military Human Resource Record (AMHRR), there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms the DOB listed on the FSM's birth certificate, will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the DOB listed in the FSM's military record and the DOB listed on his birth certificate. Finally, the applicant may present this decisional document to the Veteran's Burial Office for their use and to make their own decision regarding the matters concerning the FSM based on their policy and guidelines.
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.
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