IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005730 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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the month of his birth as October instead of August. 2. The applicant makes no statement in support of his request. 3. The applicant provides a copy of his DD Form 214 and a copy of his State of California Standard Certificate of Birth. 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 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, the applicant's DD Form 214 was used to conduct a review of this case. 3. The applicant was inducted into the Army of the United States on 1 August 1952. He was honorably released from active duty and transferred to the U.S. Army Reserve on 22 July 1954. Item 10 (Date of Birth) of his DD Form 214 shows his month of birth as August. 4. He provides a copy of his State of California Certificate of Birth that lists his month of birth as October. 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, and that it reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show a different birth month was carefully considered. 2. The applicant's available record shows his birth month as August. This is the only birth month listed in his available record, i.e., the DD Form 214 he provided. He provides his State of California Standard Certificate of Birth, which shows his birth month as October. 3. 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. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 4. It is presumed that the applicant’s DD Form 214 was correct at the time it was created. It is understandable that he now desires to record a different birth month in his military records and on his DD Form 214; his birth certificate suggests his DD Form 214 is in error. 5. However, there is no way to know at this late date, given the lack of an available records, whether his birth month was consistently represented as "August" throughout his entire period of military service or if it was misrepresented on a single occasion, i.e., at the time his DD Form 214 was created. 6. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion regarding the difference in information recorded in his military record and to satisfy his desire to have the correct information documented in his record. 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) AR20140011645 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005730 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1