IN THE CASE OF:	  

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150003371 


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:

	a.  his birth date as 16 March 1930 instead of 30 August 1927 and

	b.  the wound he sustained in action on 6 November 1950 was to his left elbow as opposed to his left shoulder.

2.  The applicant states correction of his records is important to him and his family.

3.  The applicant provides:

* DD Form 214
* birth certificate
* social security card

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 service records were requested from the National Personnel Records Center (NPRC).  The NPRC completed its search efforts and returned only two documents:  a U.S. Army Surgeon General's Office (SGO) Hospitalization File Listing 1950-1953 (Korea) and his Information from the Hospital Admission Cards Created by the Office of the Surgeon General, Department of the Army (1942-1945) and (1950-1954) Information for the Year 1950.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 27 August 1948 and he was honorably discharged on 26 May 1952.  Item 10 (Date of Birth) shows his birth date as 27 August 1930.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "Bullet wound Left Shoulder, Kowon, Korea, 6 November 1950."

4.  Both the U.S. Army SGO Hospitalization File Listing 1950-1953 (Korea) and the Information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army (1942-1945) and (1950-1954) Information for the Year 1950 show the applicant was hospitalized on 7 November 1950 in Korea for the treatment of a wound received in action.  On both documents he was given a diagnosis of 8255 (wound, not elsewhere classified, missile, with no nerve or artery involvement) and a wound location of 3981 (arm).

5.  Neither document specifies which part of the arm was wounded nor do the documents make any reference to either the left shoulder or the left elbow.  The applicant's date of birth is likewise not recorded on either document.  No other documents from the applicant's military records are available for review.

6.  The applicant provided a copy of his birth certificate issued on 8 March 1956, nearly 4 years following completion of his military service.  His date of birth is shown as 16 March 1930.

7.  In the absence of records showing the applicant recorded his birth date as 16 March 1930 at any time during his military service or that the wound he received in action was specifically to the left elbow, administrative regularity in the preparation of his DD Form 214 must be presumed.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide an individual with documentary evidence of his or her military service.  It is important that information entered on the form is complete and accurate.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his birth date as shown on his birth certificate and to show the wound he sustained in action was to his left elbow instead of his left shoulder was carefully considered.

2.  The two available documents provided by the NPRC do not specifically show the applicant was wounded in his left elbow, but rather more generally the arm, and the applicant has not provided any documentation corroborating the specific location of his wound on his arm.  It is presumed the DD Form 214 entry regarding a bullet wound to his left shoulder was made using his service records available at the time of preparation which are not currently available for the Board's review.

3.  There is no evidence the birth date shown on his birth certificate was ever recorded in his military records.  As no other service records are available for review which contain his birth date and the applicant has not provided any, there is no evidence the birth date shown on his separation documents is not the same birth date used throughout his military service.

4.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed the birth date shown on the applicant's DD Form 214 was taken from his service records at the time of preparation.

5.  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 his birth date as it is reflected on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

6.  A copy of this decisional document will be filed in the applicant's official military records.  This should serve to clarify any questions or confusion regarding the difference in the birth date recorded in his military records and the birth date shown on his birth certificate.

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 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)                                         AR20150003371



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ABCMR Record of Proceedings (cont)                                         AR20150003371



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