IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150000617
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 date of birth (DOB).
2. The applicant states, in effect, he has provided his Certificate of Birth to confirm his DOB.
3. The applicant provides his Certificate of Birth, a letter from the Department of Veterans Affairs (VA), and his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 applicants 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 the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 14 October 1949.
4. A review of the reconstructed record consistently shows his DOB recorded as 28 February 1929 throughout his tenure of service. His reconstructed record does not contain any documents that show his DOB as 1 March 1929.
5. He was honorably discharged on 15 January 1953. His DD Form 214 shows his DOB as 28 February 1929. It further shows in item 48 (Signature of Person Being Separated) the applicant's signature.
6. He provided his Certificate of Birth which shows his DOB as 28 February 1929. His birth certificate also shows the date of filing was 4 March 1929, 4 days after his DOB.
7. He also provided a letter, dated 20 July 2014, from the Houston VA Regional Office, Houston, TX, which indicates his DOB was verified as 1 March 1929 through a Social Security Administration Inquiry and his DOB was corrected from 28 February 1929 to 1 March 1929. He was advised to apply to this Board and to provide proof of his birthdate.
8. Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. 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 have the requested DOB recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant provided his Certificate of Birth which shows his DOB as 28 February 1929.
3. Although the letter from the Houston VA Regional Office indicates they corrected his DOB to show 1 March 1929 in his VA automated records, all documents in his reconstructed record consistently show his DOB as 28 February 1929.
4. The applicant is advised that a copy of this decisional document 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 birth date 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) AR20150000617
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ABCMR Record of Proceedings (cont) AR20150000617
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