IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140001608
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 year of birth as 1940 instead of 1939.
2. The applicant states:
* an Army clerical error occurred
* he received correspondence from the Department of Veterans Affairs (VA) regarding benefits and his date of birth
* he was unable to locate his DD Form 214 until recently and had no use for the document until he applied for benefits due to a severe illness
* his DD Form 214 is preventing his VA claim from being properly adjudicated
3. The applicant provides:
* self-authored statements
* birth certificate
* DD Form 214
* letter from the Army Review Boards Agency, dated 31 December 2013
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 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 the applicant's records were lost or destroyed in that fire. The case is being considered using the DD Form 214 and birth certificate provided with the application.
3. The applicant's DD Form 214 shows:
* he entered active duty for training from the Army National Guard of the United States on 3 August 1957
* his year of birth is listed as 1939
* he completed 1 year and 5 months of creditable service for pay purposes
* he was honorably released from active duty on 2 February 1958
4. The applicant provided a copy of his birth certificate issued on 18 December 2006 that shows his year of birth as 1940.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records are not available for review. Therefore, based on the presumption of administrative regularity and in the absence of evidence to the contrary, it is presumed that the year of birth entered on his DD Form 214 is the birth year he declared when he entered active service.
2. While it is understandable he desires to now record the year shown 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. 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.
3. The applicant is advised that a copy of this decisional document will be filed in his records. This should serve to clarify any questions or confusion regarding the difference in the birth year recorded in his military records and the year shown on his birth certificate.
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 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) AR20140001608
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ABCMR Record of Proceedings (cont) AR20140001608
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