IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130018375
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) to show his date of birth (DOB) as 10 May 1932.
2. The applicant states his parents legally changed his DOB to 1 June 1932. He used the 1 June 1932 DOB until his 65th birthday when the Social Security Administration discovered the change and required him to change all of his documents to his actual DOB. He may be buried in a military cemetery and desires to have the correct DOB entered on his headstone.
3. The applicant provides copies of his birth certificate and 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 6 September 1952. He completed training as an infantryman and was transferred to Korea.
4. He attained the rank of sergeant on 21 December 1953. On 8 July 1954, he was honorably released from active duty at Fort Ord, California. His DD Form 214 shows his DOB as 1 June 1932.
5. The applicant provided a birth certificate that shows his DOB as 10 May 1932.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect information as it existed in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. In the absence of his official records and given the applicant's admission that he used the DOB 1 June 1932 until age 65, it must be presumed that his DD Form 214 was properly prepared to reflect the DOB he was serving under at the time in accordance with the applicable regulatory guidance.
2. 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 change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. 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 records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
______________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) AR20130018375
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ABCMR Record of Proceedings (cont) AR20130018375
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