IN THE CASE OF:  	  

		BOARD DATE:  21 October 2014	  

		DOCKET NUMBER:  AR20140004896 


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 items 6 (Effective Date of Separation) and 10 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states:

* item 6 should show his effective date of separation as 4 May 1955, not 1953
* item 6 shows him getting out of the Army a day before he went into the Army
* his DOB is 22 June 1932 and is verified by his birth certificate 

3.  The applicant provides his birth certificate and his DD Form 214.

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

3.  His DD Form 214 shows:

* he was inducted into the Army of the United States on 5 May 1953
* he completed 2 years of net service
* he was released from active duty (REFRAD) on 4 May 1953
* his DOB as 23 June 1932 

4.  He provides his birth certificate, which shows his DOB as 22 June 1932.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time,  prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It described the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 6 of his DD Form 214 is incorrect and should be 4 May 1955 appears to have merit.  His DD Form 214 shows he was inducted on 5 May 1953.  The time from 5 May 1953 through 4 May 1955 equates to 2 years, which is properly shown on his DD Form 214.  Therefore, item 6 of his DD Form 214 should be corrected to show 4 May 1955.

2.  He contends the DOB shown on his DD Form 214 is incorrect and should read 22 June 1932; however, his service personnel records are not available.  As such, the DOB he recorded when he was inducted in 1953 cannot be determined with any degree of certainty.  In the absence of evidence to the contrary, it must be presumed that the DOB shown on his DD Form 214 is the DOB he served under.

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.  While it is understandable that he now desires to record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 current entry in item 6 of his DD Form 214 and replacing with the entry "4 MAY 55."

2.  The Board further determined that 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 amending item 10 of his 
DD Form 214.  

      
      
      _______ _   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)                                         AR20140004896





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ABCMR Record of Proceedings (cont)                                         AR20140004896



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