BOARD DATE: 9 September 2014 DOCKET NUMBER: AR20140001591 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), dated 15 August 1952, to show 1 December 1929 as his date of birth (DOB). 2. The applicant states: * He was under age but he wanted to service his country * He "fixed" his birth certificate to show his DOB as * When he was serving in the Army National Guard during the Korean War he used his correct DOB 3. The applicant provides: * Letter from the Veterans Service Commission, dated 16 January 2014 * WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 2 February 1947 * WD AGO Form 100 (Separation Qualification Record), dated 2 February 1947 * DD Form 214, dated 15 August 1952 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States), dated 26 April 1957 * Notification of Birth Registration 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 for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 13 September 1945 and he completed training as a baker. He was honorably discharged on 2 February 1947 for the convenience of the government. His WD AGO Form 53-55 and his WD AGO Form 100 show as his DOB. 4. He enlisted in the Tennessee Army National Guard (TNARNG) on 19 July 1950 and he was called to active duty on 1 September 1950. He was released from active duty (REFRAD) on 15 August 1952. Item 10 (DOB) of his DD Form 214 shows as his DOB. 5. The applicant reenlisted in the TNARNG on 27 April 1954. He was honorably discharged on 26 April 1957 at the expiration of his term of service. His NGB Form 22 shows as his DOB. 6. The applicant provides a Notification of Birth Registration that shows 1 December 1929 as his DOB. 7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. Although his WD AGO Form 53-55, his WD AGO Form 100, and his DD Form 214 show as his DOB, his NGB Form 22 shows 1 December 1929 as his DOB. 3. The DOB listed on the applicant's Notification of Birth Registration is the same DOB listed on his NGB Form 22. Therefore, his WD AGO Form 53-55 and his DD Form 214 should be amended to show as his DOB. BOARD VOTE: ___X_____ __X______ __X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 10 of his WD AGO Form 53-55 and his DD Form 214 the current entry and adding the DOB shown on his NGB Form 22. _______ _ 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) AR20140001591 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140001591 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1