IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130020131
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his month of birth is October instead of September, as reflected on his DD Form 214.
2. The applicant states his DD Form 214 incorrectly shows his month of birth as September instead of October and it does not match the DD 199 in his personnel record.
3. The applicant provides copies of his DD Form 214 and 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) 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 enlisted in the Regular Army on 27 July 1955 for a period of
3 years. He completed his training and served until he was honorably discharged on 1 October 1956 due to disability without severance pay. He had served 1 year, 2 months, and 5 days of total active service and his DD Form 214 issued at the time of his discharge shows that his month of birth in item 6 as September.
4. The birth certificate provided by the applicant shows that his month of birth as October.
5. No DD Form 199 is filed in his available records.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. All of the available documents contained in the applicants official record, which only consists of his DD Form 214, indicates the applicant served with a month of birth of September and he has not provided evidence to show that he did not serve with that month of birth. Therefore, absent additional corroborating documents from his records to show otherwise, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 his correct month of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 in regard to the difference in his birth month recorded in his military record and to satisfy his desire to have his correct birth month documented in his official records.
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) AR20130020131
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ABCMR Record of Proceedings (cont) AR20130020131
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