BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130015345 


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 the following corrections to his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 28 September 1955:

* Item 1 (Name (Last, first, middle)) - remove the suffix "Jr."
* Item 10 (Date of Birth) - change the day in his date of birth (DOB) to
"24" instead of "27"
* Item 19 (Date and Place of Entry into Active Service) - change the date 

2.  The applicant states his birth certificate does not show the suffix "Jr." for his name.  The date for his DOB is shown on his birth certificate as "24."  The entry into active service date is obviously incorrect based on his DOB.

3.  The applicant provides:

* Certificate of Live Birth issued by the State of Michigan on 14 September 2012
* United States of America Passport, issued on 20 June 1991
* marriage license and marriage certificate issued by the State of Arizona, County of Yuma
* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 31 May 1995


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.  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 in item 10 that he enlisted in the Regular Army on 
27 January 1933.  A DD Form 215, issued on 31 May 1995, corrected this date to 29 September 1952.

4.  Headquarters, Army Electronic Proving Ground, Fort Huachuca, AZ, Special Orders Number 207, dated 23 September 1955, show the applicant was being released from active duty not by reason of physical disability and transferred to the Army Reserve.  His name is shown on these orders with the suffix "Jr."

5.  On 28 September 1955, he was released from active duty.  His DD Form 214 shows in:

* Item 1 - his name with the suffix "Jr."
* Item 10 - his DOB with the date shown as "27"

6.  The applicant provided the following documents showing his name without the suffix "Jr." and the DOB with the date as "24":

* Certificate of Live Birth issued by the State of Michigan
* United States of America Passport


7.  He also provided his marriage license and marriage certificate from the State of Arizona, County of Yuma.  The marriage license shows his name with the suffix "Jr."  However, the marriage certificate does not show his name with the suffix.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed that the purpose of the separation document was 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.  The applicant's date of enlistment on his DD Form 214 has already been corrected using a DD Form 215, dated 31 May 1955.  The applicant provided a copy of this DD Form 215 with his request.  He is advised that a copy of the 
DD Form 215 should be attached to all copies of his DD Form 214.

2.  His name and DOB would have been verified at the time of his initial enlistment in the Regular Army; however, there is no record available of what document was used for verification.  His enlistment contract would contain his name and the DOB used at the time of his enlistment.  However, his enlistment documents are not available.  

3.  His separation orders show his name using the suffix "Jr."  The available documents in his reconstructed record do not show his DOB.

4.  The only justification for changing his name or DOB on his DD Form 214 would be if they were not consistent with his name or DOB shown on his initial enlistment documents.  The name and DOB shown on these documents would be his name and DOB used throughout his period of service.

5.  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 name and 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 Army’s records at this late date.
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)                                         AR20130015345



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ABCMR Record of Proceedings (cont)                                         AR20130015345



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