BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001514
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his year of birth as 1931 instead of 1930.
2. He states he enlisted in the Army underage and changed the year of his birth. However, he later informed the Army of his true age and he was allowed to stay in.
3. He provides his birth certificate.
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 to the ABCMR 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. This case is being considered using reconstructed records.
3. Records available to the Board show the applicant enlisted in the Regular Army on 2 August 1948. He was honorably discharged by reason of physical disability on 31 July 1952 and credited with completing 3 years, 11 months, and 29 days of active duty service.
4. All the documents containing a date of birth in the applicant's reconstructed records list his year of birth as 1930. These documents include:
* Enlistment Record
* DD Form 230 (Section 1 Enlistment or Induction Record)
* Immunization Register
* Allotment Discontinuance
* AGO Form 0388 (Statement of Service Enlisted Personnel Retirement)
5. Item 10 (Date of Birth) of the applicant's DD Form 214 shows his year of birth as 1930. The applicant authenticated this document with his signature in item 48 (Signature of Person Being Separated).
6. He provides his City of Detroit Certificate of Birth that shows his year of birth as 1931.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is 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 reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While it is understood that the applicant desires to have his DD Form 214 corrected to show his year of birth that he now claims is correct, there are no documents available that show he used 1931 as his year birth during his military service. The evidence shows he enlisted in the Army using the year of birth that is shown on his DD Form 214 and this year of birth appears to have been used throughout his period of military service. Therefore, it would not be appropriate to change his record at this late date.
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. 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 reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in his year of birth recorded in his military record and to satisfy his desire to have the year of birth that he requested documented in his reconstructed 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) AR20150001514
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001514
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