IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005257
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 11 May xxxx instead of 11 November xxxx.
2. The applicant states the DOB shown in his military records is incorrect.
3. The applicant provides a DD Form 214 and copies of his Certificate of Birth and U.S. passport.
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 his records were lost or destroyed in that fire. This case is being considered based on his DD Form 214 and a Standard Form (SF) 88 (Report of Medical Examination) that was included in his available military records.
3. His DD Form 214 shows he entered active duty on 8 August 1951.
4. On 7 July 1953, he underwent a medical examination for the purpose of separation processing. The SF 88 shows his DOB as 11 November xxxx.
5. He was released from active duty on 8 July 1953. His DD Form 214 shows his DOB as 11 November xxxx.
6. There is no evidence in his available military records that indicates he listed his DOB as 11 May xxxx during his period of active duty service.
7. He provides copies of his Certificate of Birth and U.S. passport that show his DOB as 11 May xxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant's available military records consist of a DD Form 214 and an
SF 88. Both documents list his DOB as 11 November xxxx. In the absence of additional documentation, such as his enlistment/induction documents, the DOB he listed upon his entry on active duty cannot be verified. Therefore, administrative regularity must be presumed in this case.
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 evidence showing a material error or injustice, there is a reluctance to recommend that those records be changed. While his desire to now record his correct DOB in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. 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 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) AR20140005257
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ABCMR Record of Proceedings (cont) AR20140005257
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