IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130011637
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 military records to show his date of birth (DOB) as 28 May 1927 instead of 17 November 1926.
2. The applicant states desiring to enter the Army on 17 November 1944, he registered with his local draft board using that date and was then drafted into the Army.
3. The applicant provides a copy 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 applicant's Report of Physical Examination and Induction, dated
19 March 1945, shows his DOB as 17 November 1926. He was inducted into the Army of the United States on 19 March 1945. He was discharged on 9 January 1946 for enlistment in the Regular Army (RA). His WD AGO Form 24 (Service Record) covering the period 19 March 1945 to 9 January 1946 shows his DOB as 17 November 1926.
3. He enlisted in the RA on 10 January 1946 and his enlistment contract shows his DOB as 17 November 1926. He was honorably discharged from the RA on 10 April 1947 and he subsequently served in the Enlisted Reserve Corps and RA until he retired on 30 June 1967 in the rank of master sergeant.
4. His WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) and DD Forms 214 (Report of Separation from the Armed Forces of the United States and Armed Forces of the United States Report of Transfer or Discharge) in the available records show his DOB as 17 November 1926.
5. All of his service personnel records show his DOB as 17 November 1926.
6. He provides a copy of his birth certificate which shows his DOB as 28 May 1927.
7. 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 establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Although the birth certificate provided by the applicant shows his DOB as
28 May 1927, the evidence of record shows he reported his DOB as
17 November 1926 when he was inducted in 1945 and when he enlisted in the RA in 1946. He served in and was retired using the DOB of 17 November 1926.
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 a different DOB 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 will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his AMHRR.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20130011637
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ABCMR Record of Proceedings (cont) AR20130011637
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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