IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012227
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 reconsideration of a previous denial for changing his date of birth (DOB) and foreign service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
21 January 1959.
2. The applicant states his DOB on his DD Form 214 does not match his DOB on his birth certificate. He also states his foreign service should be 18 months because the official tour of duty for Korea at the time was 18 months.
3. The applicant provides his birth certificate.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120018952, on 7 May 2013.
2. His 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. A limited number of documents were available in a reconstructed record. The primary document used in this case was his DD Form 214.
3. His DD Form 214 shows he enlisted in the Regular Army on 27 September 1955 for 3 years. He was discharged on 11 April 1956 and immediately reenlisted on 12 April 1956 for 3 years.
4. His reconstructed record consists of:
a. Orders, dated 12 April 1956, that show his discharge on 11 April 1956 and immediate reenlistment on 12 April 1956. These orders do not show his DOB or his dates of service in Korea.
b. Orders, dated 15 January 1959, that show he was released from active duty on 21 January 1959. These orders do not show his DOB or his dates of service in Korea.
5. On 21 January 1959, he was released from active duty. His DOB on his
DD Form 214 does not match his DOB shown on his birth certificate. Item 24c (Foreign and/or Sea Service) shows 1 - 3 - 15 (1 year, 3 months, and 15 days).
6. His DOB shown on the birth certificate he provided does not match the DOB on his DD Form 214.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DOB would have been verified at the time of his initial enlistment; however, there is no record available of what document was used for verification. His initial enlistment contract and his reenlistment contract would both contain his DOB. However, neither of these documents is available. The available documents in his reconstructed record do not show his DOB.
2. Notwithstanding the above, the only justification for changing his DOB on his DD Form 214 would be if it was not consistent with his DOB shown on his initial enlistment and reenlistment documents. The DOB shown on these documents would be his DOB used throughout his period of service.
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 a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his DOB that is listed on his birth certificate on his DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. He points out that the tour of duty in Korea at the time was 18 months and his DD Form 214 should reflect that amount of time. However, there are no available records to show his dates of arrival and departure from Korea. Without these dates the exact years, months, and days he served in Korea cannot be computed. Therefore, it must be presumed the current entry in item 24c of his DD Form 214 is correct.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120018952, dated 7 May 2013.
_______ _ _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) AR20130012227
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130012227
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