IN THE CASE OF:	   

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000242 


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) as follows:

* change item 10 (DOB) to show his DOB as 26 May 1931 vice 27 May 1930
* change item 26 (Foreign and/or Sea Service) to show he completed          1 year, 6 months and 2 days vice 6 months and 2 days

2.  The applicant states:

* he was originally informed that his records were destroyed in a fire
* he then received a letter containing a reconstructed, incorrect DD Form 214
* his birth certificate shows his DOB as 26 May 1931
* he enlisted with a friend and they both served in the same unit in Japan, and returned together as a unit
* his buddy's DD Form 214 shows he served overseas for 1 year, 6 months, and 2 days 

3.  The applicant provides his:

* his DD Form 214
* his buddy's DD Form 214
* a Standard Certificate of Birth Registration

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 that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on       19 June 1947.  His DD Form 214 further shows in:

* item 6 (Effective Date of Separation), he was honorably released from active duty on 31 May 1950
* item 10, the entry "27 May 1930"
* item 24 (Total Net Service for Pay Purposes), he was discharged after serving for a total of 3 years, 5 months, and 25 days
* item 26, 6 months and 2 days of foreign service
* item 28 (Most Significant Duty Assignment), he served with Company M, 511th Airborne Infantry Regiment

4.  He provides his friend's DD Form 214, which shows in:

* item 6, he was honorably released from active duty on 31 May 1950
* item 19 (Date and Place of Entry into Active Duty), he enlisted on 
16 June 1947
* item 24, he was discharged after serving for 2 years, 11 months, and 13 days
* item 26, he had 1 year, 6 months, and 2 days of foreign service
* item 28, he served with Company M, 511th Airborne Infantry Regiment

5.  The applicant further provides a copy of a State of Arizona Standard Certificate of Birth, issued on 4 October 1979, which shows his DOB as 26 May 1931.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be changed to reflect his DOB as 26 May 1931, and to show he served overseas for 1 year, 6 months and 
2 days. 

2.  His record is not available for review; therefore, it cannot be determined if he served using any other DOB than what is shown on his DD Form 214.  

3.  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.

4.  It is understandable that he desires to have his DD Form 214 corrected to show the DOB he now claims is correct; however, due to the Board's inability to determine the DOB he used during his period of military service, there is an insufficient evidentiary basis for granting the requested relief.

5.  The applicant is advised that a copy of this decisional document will be filed in his reconstructed record.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his DD Form 214 and to satisfy his desire to have his correct DOB documented in his record.

6.  Item 26 of the applicant's DD Form 214 shows he completed 6 months and 
2 days of foreign service, while item 26 of his buddy's DD Form 214 shows he completed 1 year, 6 months, and 2 days of foreign service.  The evidence of record indicates the applicant and his friend enlisted, served in the same unit overseas, and returned to the United States together under the buddy system.  Therefore, the data on their DD Forms 214 should, for the most part, match.  
7.  Since there is a clear difference in the amount of foreign service completed, as represented on their respective DD Forms 214, it is reasonable to conclude the applicant's foreign service was incorrectly represented on his DD Form 214.  As such, it would be appropriate to correct his DD Form 214 to show he completed 1 year, 6 months, and 2 days of foreign service. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ___ _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "0 (year)" from item 26 of his DD Form 214 and replacing it with the entry "1 (year)."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his date of birth.





      ___________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)                                         AR20140000242





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ABCMR Record of Proceedings (cont)                                         AR20140000242



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