BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021572
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
9 September 1933 instead of 8 September 1933.
2. The applicant states he obtained a copy of his birth certificate showing his DOB as 9 September 1933. He was under the impression that his DOB was
8 September 1933.
3. The applicant provides copies of his:
* DD Form 214
* State of California, County of Contra Costa, Standard Certificate of Birth showing his DOB as 9 September 1933
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 service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, a copy of his DD Form 214 is available and is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted on 20 March 1953 and entered active duty the same day. He was released from active duty on
15 March 1955. He completed 1 year, 11 months, and 26 days of active service. Item 10 (Date of Birth) shows 8 September 1933.
4. There are no other available official military records.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, 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. The instructions for item 10 (DOB) stated "self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. The applicant stated that he was under the impression his DOB was
8 September 1933. He obtained a Certificate of Birth showing his DOB as
9 September 1933.
2. While it is understandable that the applicant desires to now record the DOB that is on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 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. There is a reluctance to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB will be filed in his reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
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) AR20130021572
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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