IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006519
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) for the period ending 18 November 1952 as follows:
* item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950
* item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona
2. The applicant states a simple clerical error apparently occurred with respect to his DOB and the spelling for the county of the local Selective Service Board.
3. The applicant provides:
* Certificate of Birth
* Wyoming Driver's License
* Wyoming Concealed Firearm Permit
* Notification of Birth Registration
* DD Form 214
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 complete 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. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 19 February 1951. A copy of his induction record is not available for review with this case.
4. He completed 1 year and 9 months of creditable active service, of which 11 months and 5 days were foreign service. He was honorably released from active duty on 18 November 1952. His DD Form 214 also shows the following entries:
* item 10 25 January 1950
* item 14 Board Number 13, Casper, Wyoming, Netrona County
5. He submitted four documents that confirm his DOB as 25 January 1930:
* Certificate of Birth
* Wyoming Driver's License
* Wyoming Concealed Firearm Permit
* Notification of Birth Registration
6. A search of the State of Wyoming official Internet website revealed the County of Natrona is spelled with the letter "a" instead of the letter "e" as the second character.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's induction record is not available for review with this case, it is clear that he could not have been born in 1950 and have entered active duty in 1951. It appears his DD Form 214 inadvertently listed his year of birth as 1950 instead of 1930 as shown on the multiple documents he provided.
2. It also appears another clerical error was committed when the name of the county where his local board registration occurred is misspelled as Netrona vice Natrona.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, he is entitled to correction of his DD Form 214 to show his DOB as 25 January 1930 and the spelling of the local Selective Service Board as Natrona.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting the current entry from item 10 of his DD Form 214 and replacing it with the entry "25 January 1930"
* deleting the current entry from item 14 of his DD Form 214 and replacing it with the entry "Board Number 13, Casper, Wyoming, Natrona County"
_____________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) AR20130006519
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ABCMR Record of Proceedings (cont) AR20130006519
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