IN THE CASE OF:	  

		BOARD DATE:	  3 April 201

		DOCKET NUMBER:  AR2013001317 


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 records to show a date of birth (DOB) of  February .

2.  The applicant states his DD Form 21 (Report of Separation from the Armed Forces of the United States) incorrectly shows his DOB as 27  .

3.  The applicant provides a copy of his DD Form 21 and an amended record of 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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The DD Form 21 shows active duty in the Army of the United States from 29 April 1953 through 28 April 1955.  The DOB shown on the form is 27  .

.  The Division of Vital Records card he provides shows a DOB of  February .

5.  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 Army Board for Correction of Military Records (ABCMR).  In pertinent part, it states that 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.  The ABCMR will decide cases based on the evidence of record.  It is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  The records does not contain and the applicant has not provided any evidence to verify the person named on the birth record and the person on the DD Form 21 are one and the same person.  Nor has the applicant explained why his DOB would be so significantly different between these two documents. 

2.  The Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation.  The fact that the applicant wants to change the date of birth recorded in his military record over 50 years after his military service ended is insufficient reason to justify changing his military records as they were originally constituted.  

3.  A copy of this decisional document will be filed in his Army Military Human Resource 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)                                         AR2013001317





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ABCMR Record of Proceedings (cont)                                         AR2013001317



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