IN THE CASE OF:  

		BOARD DATE:  16 December 2014	  

		DOCKET NUMBER:  AR20140007350 


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) and place of birth (POB) recorded in his military records.

2.  The applicant states that his DOB is "15 August 1942," not "10 September 1941" and his POB was "Logan, West Virginia," not "Pike County, Ohio."

3.  The applicant provides a copy of 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.  A Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination), with the personal data portions completed by the applicant as part of his induction processing on 21 February 1962, shows he entered
"10 SEPT 41" as his DOB and "Pike County, Ohio" as his POB.  The SF 89 also shows the applicant placed his signature on the document.

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 26 February 1962.  It shows in –

* item 5 (DOB):  "10 Sept 1941"
* item 11 (POB):  "Pike County, Ohio"

4.  A DA Form 20 (Enlisted Qualification Record) shows in item 3 (DOB) the entry, "10 SEP 41."

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 26 February 1962, was honorably released from active duty on 21 February 1964, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  It also shows in –

* item 5 (POB):  "Pike County, Ohio"
* item 6 (DOB):  "10 Sep 41"
* item 34 (Signature of Person Being Transferred or Discharged), the applicant's signature

6.  In support of his request, the applicant provides a copy of a West Virginia State Department of Health, Certificate of Live Birth or Stillbirth, that shows the applicant was born on "August 15, 1942" in "Lyburn, Logan County, West Virginia."  This document was certified by the State Registrar on 24 April 1990 as a true photographic copy of the record filed with the Vital Registration Office, Bureau of Public Health, Charleston, West Virginia.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including enlistment documents, the Enlisted/Officer Qualification Record, and orders.

   b.  The instructions for item 5 and item 6 show, "self-explanatory."
DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Live Birth shows the applicant's DOB of
"15 August 1942" and POB of "Lyburn, Logan County, West Virginia."

2.  The evidence of record shows that upon processing for entry into military service the applicant reported that his DOB was "10 September 1941" and his POB was "Pike County, Ohio."

3.  The available evidence shows the applicant's records for the entire period of his military service show his DOB as "10 September 1941" and his POB as 
of "Pike County, Ohio."  On several occasions during his military service, the applicant authenticated official documents with the above DOB and POB, including on his DD Form 214, when he was released from active duty.
   
4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant offers insufficient evidence to warrant a change to the DOB and POB in his official military service records.

5.  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 the applicant desires to now record his correct DOB and POB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  In view of the foregoing, there is no basis for granting the requested relief.

7.  A copy of this Record of Proceedings will be filed in the applicant's official military personnel file so this record concerning his DOB and POB will be available.


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)                                         AR20140007350



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ABCMR Record of Proceedings (cont)                                         AR20140007350



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