IN THE CASE OF:
BOARD DATE: 9 June 2014
DOCKET NUMBER: AR20140018236
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 1 March 1956 be corrected to show his date of birth (DOB) as 8 June 1934.
2. The applicant states the error was noticed when he filed for social security benefits.
3. The applicant provides his:
* birth certificate
* DD Form 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. His 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 in 1973. It is believed that his records were lost or destroyed in that fire. The primary document used in this case was the DD Form 214 he provided.
3. On 11 March 1954, he was inducted into the Army of the United States and entered active duty.
4. On 1 March 1956, he was released from active duty. His DD Form 214 shows his DOB as 5 June 1934.
5. The birth certificate he provided from the State of Wisconsin, Department of Health - Bureau of Vital Statistics shows his DOB as 8 June 1934.
6. 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. His DOB would have been verified at the time of his induction; however, there is no evidence to show what document was used for verification. His enlistment contract would contain the DOB used at the time of his enlistment. However, his enlistment documents are not available.
2. The only justification for changing the DOB on his DD Form 214 would be if the DOB was not consistent with the DOB shown on his initial enlistment documents.
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 DOB that is listed on his birth certificate on his DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. However, this decisional document will be filed in his records to clarify any difference between the DOB on his birth certificate and that shown on his DD Form 214.
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) AR20140018236
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140018236
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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