BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008776
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) be corrected to show his date of birth (DOB) as 22 July 1932 instead of 14 July 1932.
2. The applicant states that the wrong information or entry may have caused the error that resulted in his DOB being reflected as 14 July instead of 22 July 1932.
3. The applicant provides copies of his DD Form 214 and 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 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 the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted in Hawaii on 13 November 1952. He completed his training and was transferred to Korea. He completed 1 year, 4 months, and
9 days of foreign service.
4. On 12 November 1954, he was honorably released from active duty (REFRAD) and was transferred to the Military District of Hawaii to complete his statutory service obligation. His DD Form 214 issued at the time of his REFRAD shows his DOB as 14 July 1932.
5. The birth certificate provided by the applicant indicates that his DOB is 22 July 1932.
DISCUSSION AND CONCLUSIONS:
1. Based on the available evidence of record, it must be presumed that the applicant was inducted using a DOB of 14 July 1932 and he served under that DOB during his entire period of service.
2. 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 change his 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.
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 the applicants military record and to satisfy his desire to have the correct DOB documented in his records. Accordingly, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ _X_______ _X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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.
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