IN THE CASE OF:  	  

		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140012201 


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 Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 23 April 1953 and 3 July 1955 to show his birth date as 6 February 1930 instead of 4 June 1931.

2.  The applicant states he has been informed by family members and the State of Alabama verified that his correct date of birth is 6 February 1930.  The State did not keep accurate birth records for people of color at the time.

3.  The applicant provides his birth certificate and two DD Forms 214.

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 request for the applicant's military service records was made of the National Personnel Records Center (NPRC).  The NPRC completed its search efforts and made notification that records pertaining to the applicant could not be located.

3.  The applicant's DD Forms 214 show he enlisted in the Regular Army on 20 April 1950 and he was honorably discharged on 23 April 1953.  He was subsequently called to active duty on 25 August 1953 and released to the U.S. Army Reserve on 3 July 1955.  The DD Forms 214 shows his birth month and year as June 1931.  However, each DD Form 214 has a different birth day.  

4.  In the absence of records showing the applicant recorded his birth date as 6 February 1930 at any time during his military service, administrative regularity in the preparation of the applicant's DD Forms 214 must be presumed.

5.  The applicant provided a copy of his birth certificate showing his birth date as 6 February 1930.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide an individual with documentary evidence of his or her military service.  It is important that information entered on the form is complete and accurate.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Forms 214 to show his birth date as shown on his birth certificate was carefully considered.

2.  There is no evidence the birth date shown on the applicant's birth certificate was ever recorded in his military records.  As no other service records are available for review and the applicant has not provided any, there is no evidence the birth date shown on his separation documents is not the same birth date used throughout his military service.

3.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that the birth date shown on the applicant's DD Forms 214 was taken from his service records at the time of preparation.  Therefore, there is insufficient evidence upon which to grant the requested relief.

4.  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 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 birth date as it is reflected on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

5.  A copy of this decisional document will be filed in the applicant's official military records.  This should serve to clarify any questions or confusion regarding the difference in the birth date recorded in his military records and the birth date shown on his birth certificate.

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 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)                                         AR20140012201



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ABCMR Record of Proceedings (cont)                                         AR20140012201



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