IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140004206
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 the date of birth (DOB) listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. He states his DD Form 214 shows his DOB as 3 September 1930, but his correct DOB is 30 August 1930.
3. He provides his DD Form 214 and his 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), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents the applicant provides and a reconstructed record from the NPRC.
3. On 29 October 1951, he was inducted into the Army of the United States. On 18 August 1953, he was honorably released from active duty. Item 10 (DOB) of his DD Form 214 shows his DOB as 3 September 1930.
4. Review of his reconstructed record failed to reveal any documents showing his date of birth recorded as 30 August 1930.
5. He provides a birth certificate showing he was born on 30 August 1930.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence indicating that the DOB shown on the applicant's birth certificate was ever recorded in his military service records. In the absence of evidence showing otherwise, it must be presumed that the DOB entered on his DD Form 214 was the DOB of record at the time of his separation.
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 that the applicant desires to record the DOB 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 at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his Certificate of Birth.
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) AR20140004206
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ABCMR Record of Proceedings (cont) AR20140004206
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