BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140012093
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 year of 1933.
2. The applicant states his date of birth is incorrectly shown on his DD Form 214 as 13 July 1932.
3. The applicant provides copies of:
* DD Form 214
* State of Minnesota Certificate of Birth issued 29 November 2012
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 member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this specific request.
3. A review of the applicant's DD Form 214, as provided by him, shows his year of birth was entered as 1932.
4. The State of Minnesota birth certificate provided by the applicant shows his year of birth as 1933.
5. Army Regulation 635-5 (Separation Documents), as then in effect, required the date of birth to be entered in Item 10 (Date of Birth) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as indicated on his birth certificate.
2. The applicant's military service records are not available for review. Therefore, it cannot be determined what date of birth the applicant used when he entered active duty service.
3. The applicant has not provided any documentation showing that his date of birth was incorrectly recorded at the time of his entry into military service.
4. 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.
5. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the date of birth he used while on active duty and the date he now contends to be correct. This action should satisfy the applicant's desire to have his correct date of birth in his record.
6. In view of the above, the applicants request should be denied.
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) AR20130008294
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ABCMR Record of Proceedings (cont) AR20140012093
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