IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR2011001449 


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 military records to show his date of birth (DOB) as " November ."

2.  The applicant states he believes his records are incorrect due to a clerical error.

3.  The applicant provides a copy of his:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Texas Department of Public Safety Temporary Permit

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 complete military records are not available for review.  A fire destroyed approximately 1 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the NPRC reconstructed record.

3.  The applicant's official military personnel file (OMPF) contains a DD Form 47 (Record of Induction) prepared during the induction process on 2 December 1954.  Item 5 (DOB) contains the entry " Dec. " [ December ].  The Standard Form  (Report of Medical Examination) completed on 2 December 1954 during his induction processing lists his DOB as " Dec 32" [ December ].

4.  On 2 December 1954, the applicant was inducted into the Army of the United States.  His DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty contains the entry " Dec 32" [ December ] in item 3 (DOB).  All of the documents contained in the applicant's NPRC file list the same DOB.  There are no documents or records in his OMPF that list his DOB as " November ."

5.  On 4 September 1956, the applicant was honorably released from active duty having completed 1 year, 9 months, and 3 days of creditable active duty service. The DD Form 214 issued at that time contains the entry " Dec 32" [ December ] in item 6 (DOB).

6.  The applicant provides a Texas Department of Public Safety Temporary Permit issued on 15 March 2011 that lists his DOB as " November ."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show his DOB as " November ."  However, the available evidence confirms the applicant entered, served in, and was separated from the Army using the DOB of " December ."  This DOB is listed on all of the documents contained in his NPRC reconstructed file.  There are no documents in his available records that show his DOB as " November ."

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Absent any evidence to show the applicant attempted to correct his DOB at any time during his active duty service or at the time of separation, there is an insufficient evidentiary basis to support changing the DOB listed in the applicant's OMPF at this time.

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)                                         AR2011001449



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ABCMR Record of Proceedings (cont)                                         AR2011001449



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