IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015077
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 that her deceased husband's, a former service member's (FSM), date of birth (DOB) on his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 12 October 1954, be corrected to show XX November 1930 instead of XX June 1930.
2. The applicant states her children discovered the error during the planning of the FSM's funeral.
3. The applicant provides:
* the FSM's death certificate
* National Archives and Records Administration (NA) Form 13038 (Certification of Military Service)
* the FSM's DD Form 214
* birth record issued by the South Carolina Department of Health and Environmental Control, Division of Vital Records
* the FSM's South Carolina driver's license
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 FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that his records were lost or destroyed in that fire. The primary document used in this case was the FSM's DD Form 214 provided by the applicant.
3. On 2 December 1952, the FSM was inducted into the Army of the United States. He served in Korea and participated in one campaign.
4. On 12 October 1954, he was released from active duty. Item 10 (DOB) of his
DD Form 214 shows his DOB as XX June 1930.
5. A NA Form 13038, issued on 3 February 2014, shows the FSM's DOB as
XX June 1930.
6. A birth record issued by the South Carolina Department of Health and Environmental Control, Division of Vital Records shows the FSM's DOB as
XX November 1929.
7. The FSM's South Carolina driver's license shows his DOB as XX November 1929.
8. The FSM's death certificate shows his DOB as XX November 1929.
9. The available evidence does not show the FSM used the DOB of
XX November 1930 during his period of military service.
10. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The FSM's DOB would have been verified at the time of his induction; however, those records are not available. Therefore, it cannot be determined what documents were used for verification at that time.
2. The only justification for changing the FSM's DOB on his DD Form 214 would be if it was not consistent with the DOB shown on his induction documents. The DOB shown on those documents would be the DOB used throughout his period of service. The available evidence does indicate that he used the requested DOB during his period of military service.
3. 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 the requested DOB on the FSM's DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in the FSM's records at the NPRC. This should serve to clarify any questions or confusion in regard to the DOB listed on his birth record and to satisfy her desire to have the requested DOB documented in his NPRC record.
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) AR20140015077
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ABCMR Record of Proceedings (cont) AR20140015077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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