BOARD DATE: 21 May 2015 DOCKET NUMBER: AR20140017147 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) to reflect his birth date as 4 February 1932 and to add his jumps with the 82nd Airborne Division. 2. The applicant states: * his birth month is incorrect * he made two jumps with the 82nd Airborne Division and would like to have them added to his DD Form 214. 3. The applicant provides: * DD Form 214 * birth certificate * jump log 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 his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using documents submitted by the applicant. 3. His DD Form 214 shows he was inducted into the Army of the United States on 7 June 1954. He was released from active duty on 6 June 1956. His date of birth is shown as 4 January 1932. It also shows he was awarded the Parachutist Badge. 4. He provides a copy of his birth certificate which shows his birth date as 4 February 1932. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. It stated the DD Form 214 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. There were no provisions for listing parachute jumps on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. With respect to adding the applicant’s jumps with the 82nd Airborne Division to his DD Form 214, there is no regulatory provision to add his jumps to his DD Form 214; however, his DD Form 214 does show that he was awarded the Parachutist Badge. 2. His contention that his DD Form 214 should be corrected to show his birth date as 4 February 1932 was carefully considered. 3. In view of the fact his service record is unavailable, there is no way to determine which date of birth he used during his period of service. Although his date of birth appears as "4 January 1932" on the DD Form 214 issued to him at the time of separation, his birth certificate shows his birth date as "4 February 1932." It is not unreasonable to presume a typographical error was made when preparing his DD Form 214. 4. In light of the fact that the majority of his records were destroyed, his birth certificate is accepted as sufficient evidence upon which to base correction of his DD Form 214 to show his date of birth as 4 February 1932. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ __X__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 to show his birth date as shown on his birth certificate. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding his jumps with the 82nd Airborne Division. _________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) AR20140017147 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140017147 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1