IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000615 


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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his correct month of birth.

2.  The applicant states that his DD Form 214 incorrectly reflects his month of birth as July when it should be June. 

3.  The applicant provides copies of his DD Form 214 and birth certificate.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 20 January 1953.  He completed his training and was transferred overseas for service in Korea with the 9th Infantry Regiment. 

4.   On 19 January 1955, he was honorably released from active duty (REFRAD) at Fort Jackson, South Carolina due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows his month of birth as “July.”

5.  The birth certificate provided by the applicant shows that the applicant’s month of birth is “June.” 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show his month of birth as “June” instead of “July” is noted and appears to have merit.

2.  The applicant has provided a copy of his birth certificate to show that his month of birth is June instead of July and given that there are no other records to establish that the applicant served under the month reflected on his DD Form 214, the applicant should be given any benefit of doubt that may exist in his case.

3.  Accordingly, it is reasonable to presume that an administrative error occurred and his DD Form 214 should be corrected to show his month of birth as June instead of July.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 10 of his DD Form 214 that his month of birth is June instead of July.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20150000615





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ABCMR Record of Proceedings (cont)                                         AR20150000615



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