IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140013676
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on
31 December 1962, to show his date of birth (DOB) as X July 1921.
2. The applicant states, in effect, his DOB is incorrect on his DD Form 214.
3. The applicant provides his birth certificate, a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and three 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. Having prior service in the Maine Army National Guard, he enlisted in the Regular Army on 2 April 1947. Item 1 (DOB) of his WD AGO Form 21 (Enlistment Record-Regular Army) shows his DOB as X July 1920.
3. The applicant retired on 31 December 1962. Item 6 (DOB) of his DD Form 214 shows his DOB as X July 1920.
4. A review of documents contained in his Official Military Personnel File shows his DOB appears as X July 1920 on all documents that require a DOB entry.
5. He provided a copy of his Certificate of Birth issued by the State of Maine Department of Human Services which lists his DOB as X July 1921.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. It states the entry for item 5 is self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. A review of his records revealed no evidence indicating the DOB shown on his birth certificate was recorded as his DOB during his military service. The record of evidence shows he enlisted and served using X July 1920 as his DOB.
2. 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 that the applicant desires to now record the DOB as shown on his birth certificate 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 military records. This should serve to clarify any questions or confusion regarding the different DOB recorded in his military records.
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) AR20140013676
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