IN THE CASE OF: BOARD DATE: 9 December 2020 DOCKET NUMBER: AR20200003854 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect his date of birth (DOB) as X in lieu of X APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * birth certificate * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant’s complete military service record is not available to the Board for review. A request was made of the National Personnel Records Center (NPRC) to obtain the applicant’s service record, but his complete records were unavailable. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973 and his records were affected by the fire. His case is being considered using the available evidence. 3. The applicant states for an unknown reason his DOB as shown on his DD Form 214 does not match his DOB as shown on his birth certificate. The applicant is an elderly person in the beginning stages of Alzheimer’s Disease, living in a nursing home due health issues. One of the nursing home requirements is to have Veterans’ paperwork in order and funeral arrangements made in case of death. 4. The applicant’s DD Form 214 shows he was inducted into the Army of the United States on 1 July 1952 and served for 1 year and 1 day in Korea. 5. The only available records from NPRC are Information from the Hospital Admission Cards Created by the Office of the Surgeon General, Department of the Army, which show: * the applicant was admitted to an Army hospital in Japan in June 1953 with Mumps and released in July 1953 * the applicant was admitted to an Army Medical Treatment Facility in Korea in January 1954 with a bacterial infection and released to full duty in January 1954 * neither document has an entry showing the applicant’s DOB 6. The applicant was honorably released from active duty on 15 June 1954 after 1 year, 11 months, and 15 days of net active duty. His DOB is shown in item 10 (Date of Birth) as X. 7. There are no available service records reflecting the applicant’s DOB as X. 8. The applicant provided a copy of his birth certificate which shows his DOB to be X. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. However, the Board agreed to grant relief to show he his date of birth as one month later than reflected in his record as his actual and contested date of birth at the time of his enlisted would not have caused concern towards his enlistment eligibility. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX XX XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 15 June 1954 by showing the birth date listed on his birth certificate as X. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time, established procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required, including the standardized policy for preparing and distributing the DD Form 214. Instructions for the completion of Item 10 (Date of Birth) state to enter the date of birth as shown on the enlistment record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003854 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1