IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017526
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his year of birth as 1939.
2. The applicant states that his DD Form 214 incorrectly reflects his year of birth as 1938 instead of 1939.
3. The applicant provides copies of his DD Form 214, birth certificate, enlistment contract and NGB Form 22 (Report of Separation and Record of Service in the National Guard).
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 members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Pennsylvania Army National Guard (PAARNG) on 2 July 1956 for a period of 3 years. At the time of his enlistment his records were prepared to reflect that he was born in 1938.
4. He was ordered to active duty for training on 5 October 1956 for a period of 6 months. He completed his training and was honorably released from active duty (REFRAD) training at Fort Jackson, South Carolina on 1 May 1957 and was returned to his PAARNG unit. His DD Form 214 issued at the time of his REFRAD shows his year of birth as 1938.
5. On 1 August 1958, he was honorably discharged from the PAARNG and his NGB Form 22 issued at the time of his discharge shows his year of birth as 1938.
6. The birth certificate provided by the applicant shows his year of birth as 1939.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. It provided, in pertinent part, that the DD Form 214 would be prepared to reflect information as it existed on the date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his year of birth should be changed has been noted and appears to lack merit. The applicant enlisted and served all of his service under the year of birth that is reflected in his records and he has provided no explanation as to why he did so.
2. For historical purposes, 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. 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 correct year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct date of birth, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the year of birth recorded in his military record and to satisfy his desire to have his correct year of birth documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20140017526
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ABCMR Record of Proceedings (cont) AR20140017526
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