IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011982
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 date of birth (DOB) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states his DOB is listed incorrectly on the DD Form 214, it should be 16 July 1933 not 16 March 1932. The Department of Veterans Affairs has requested he correct the error for continued use of VA benefits.
3. The applicant provides copies of his DD Form 214, U.S. passport, driver's license, and a 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 appear to have been lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from DD Form 214 provided by the applicant.
3. The DD Form 214 shows active duty service in the Regular Army from 13 April 1949 through 10 September 1952. His DOB is shown as 16 March 1932.
4. The Commonwealth of Kentucky birth certificate states the certificate is a delayed issue certificate of birth and was issued on 30 April 1978. The information for the issuance was verified by an affidavit from the mother, an affidavit from a non-relative, and 1944 McDowell County, WV school census records. The DOB is reported as 16 July 1933.
5. His passport and driver's license show a DOB of 16 July 1933.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. As there are no official military records, other than the DD Form 214, upon which to make a determination of whether or not the DOB on the DD Form 214 was correctly entered, the Board must presume administrative regularity and deny the request
2. Further, the Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation. The fact that the applicant wants to change his DOB of record some 62 years after his DD Form 214 was issued would be insufficient to justify changing his military records as they were originally constituted.
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) AR20140011982
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ABCMR Record of Proceedings (cont) AR20140011982
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