IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130011976


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 record to show his correct place and date of birth (DOB).

2.  The applicant states his DOB should reflect 9 August 1941 and his place of birth should reflect Century, Florida.

3.  The applicant provides a copy of his:

* Certification of Birth
* Driver License

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 (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the NPRC has reconstructed his record.  The applicant's case is being considered using the limited documents in this NPRC reconstructed file.

3.  The applicant enlisted in the Florida Army National Guard (FLARNG) on 18 October 1959, for a period of 3 years.  The DD Form 4 (Enlistment Record – Armed Forces of the United States) prepared during his enlistment processing shows he was born on 9 August 1941 in item 7 (DOB); born in Pensacola, Florida in item 16 (Place of Birth); and he authenticated this document with his signature in item 40 (Oath of Enlistment) verifying the information contained thereon was correct.

4.  On 31 October 1959, the applicant was ordered to active duty training and served until he was released to the FLARNG on 6 April 1960, to complete his remaining service obligation.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued him at that time shows he was born in Pensacola, Florida in item 5 (Place of Birth) and born on 9 August 1941 in item 6 (DOB).

5.  All documents maintained in the applicant's NPRC reconstructed file containing his DOB and place of birth list them as 9 August 1941 and Pensacola, Florida, respectively.

6.  On 5 August 2013, through his Congressional Representative, the applicant specifically sought correction of his "report of separation from the Guard" to show his correct DOB and place of birth.  He included a copy of his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) and also requested receipt of a copy of all of his medical records.

7.  His NGB Form 22 shows he was discharged from FLARNG after completing 6 months and 17 days of military service.  Item 8 (Place of Birth) contains the entry "Pensacola, Fla" and item 10 (DOB) contains the entry "18 Oct 59."

8.  The certification of birth provided by the applicant, issued on 3 January 2013, shows his DOB as 9 August 1941.  It does not show his city and state of birth but lists "Escambia" as the county of birth.

9.  An internet search to ascertain the location of the County of Escambia in the state of Florida confirms Pensacola is the county seat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that his place and DOB is incorrectly listed in his military record and should be corrected has partial merit.  His NGB Form 22 shows he was discharged on 4 May 1960 and lists his DOB as 18 October 1959.  This is clearly an error as he would have only been 6 months old at the time.  

2.  The evidence of record further shows the applicant's place of birth is Pensacola, Florida.  This is also the place of birth listed on his DD Form 4 which was prepared during his enlistment processing, his DD Form 214, NGB Form 22, and all other documents maintained in his NPRC file.  Further, the Certification of Birth he provides confirms he was born in the County of Escambia, where Pensacola, Florida is located.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 no basis upon which to correct the applicant's place of birth or to compromise the integrity of the Army’s records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends all Department of the Army and State Army National Guard records of the individual concerned be corrected by:

   a.  amending his NGB Form 22 issued on 4 May 1960 by deleting the current entry in item 10 and replacing it with the entry "9 August 1941"; 
   
   b.  notifying the applicant of the correction once completed; and
   
   c.  and forwarding him a copy of the corrected document.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant's place of birth.



      _______ _  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)                                         AR20130001500



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011976



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1