IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080007094 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, in effect, that his record be corrected to reflect his correct date of birth (DOB). 2. The applicant states, in effect, he is not being paid correct social security benefits as a result of the DOB error on his records. 3. The applicant provides a copy of his birth certificate and separation document (DD Form 214) in support of his application. 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 Board 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the DD Form 214 provided by the applicant. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 13 November 1948. Item 10 (Date of Birth) shows the applicant's DOB as 23 January 1931, and Item 11 (Place of Birth) shows he was born in Grahn, Kentucky. 4. The applicant's separation document shows that he was separated with a general, under honorable conditions discharge (GD) on 1 February 1952, after completing a total of 3 years and 8 days of active military service. The applicant authenticated this document with his signature in Item 48 (Signature of Person Being Separated). 5. The applicant provides a Kentucky State Certificate of Birth issued on 31 March 1954, which shows his DOB as 23 January 1933. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the DOB shown on his military records is incorrect and should be corrected has been carefully considered. However, the Army has an interest in maintaining the accuracy 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. While the applicant’s desire to have the records changed to reflect the correct DOB, as reflected on his birth certificate is understood, there is no indication the applicant questioned the DOB at the time he entered the military, at anytime during his military service, or at the time he was separated. As a result, it would not be appropriate to modify the record at this late date. 2. A copy of this decisional document, along with his application and associated documents, to include the birth certificate he submitted, will be filed in the applicant’s Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding his date of birth as it relates to his military service. 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) AR20080007094 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007094 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1