BOARD DATE: 5 June 01 DOCKET NUMBER: AR01100481 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). . Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, as the spouse of the former service member (FSM), requests correction of the FSM’s DD Form 14 (Report of Separation from the United States of the United States) to show the year of his date of birth as 193 instead of . . The applicant states the FSM’s medical records, primary care, and specialists have the right birth date of July 193. 3. The applicant provides: * DD Form 14 * Birth certificate * Marriage certificate * Clinic visit summary * Identification cards * Power of Attorney CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 155(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. . The FSM’s complete 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 his 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. 3. His DD Form 14 shows he enlisted in the Regular Army 19 March 1953 and was released from active duty on 18 March 1955. 4. His DD Form 14 shows his date of birth as July . 5. The applicant provided the FSM’s birth certificate and their marriage certificate which both indicate his date of birth as July 193. 6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 14. It states that the DD Form 14 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. For historical purposes, 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. Although evidence indicates an error exists, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the FSM’s correct date of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date without an official document that verifies his actual date of birth. . Although the FSM’s birth certificate and marriage certificate show his date of birth as July 193, his DD Form 14 indicates his DOB during his tenure of military service was recorded as July . 3. The applicant is advised that a copy of this decisional document which confirms the FSM’s correct date of birth will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the date of birth recorded in his military record and to satisfy her desire to have the FSM’s correct DOB documented in his records. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ 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) AR01100481 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR01100481 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1