IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160018886 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160018886 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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160018886 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, the son of a deceased former service member (FSM), requests correction of his father's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his father's year of birth as 1931 in lieu of 1932. 2. The applicant states he believes a typographical error occurred in the preparation of his father's DD Form 214. 3. The applicant provides a copy of his father's DD Form 214, birth and death certificates. In addition, he provides his 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 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 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. The FSM enlisted in the Regular Army on 2 April 1953. A copy of his enlistment contract, which would have shown the year of birth he used upon his enlistment, is not available for review with this case. 4. The reconstructed record includes a partially burned copy of the FSM's DD Form 2807-1 (Report of Medical History) that shows his year of birth as 1932. There is also a DD Form 2808 (Report of Medical Examination) that also shows his year of birth as 1932. 5. The FSM's DD Form 214 shows he was honorably released from active duty and transferred to the U.S. Army Reserve on 1 April 1955. Item 10 (Date of Birth) of his DD Form 214 shows his year of birth as 1932. 6. The applicant provides his father's birth and death certificates showing the FSM's year of birth as 1931. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It 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 reflective of the conditions as they existed at the time of separation. DISCUSSION: 1. The FSM's reconstructed record contains medical records showing he consistently recorded his year of birth as 1932 upon his entrance into the U.S. Army in 1953. There is no evidence in the reconstructed record showing the FSM's year of birth as 1931. The applicant did provide two source documents from county records showing the FSM's year of birth as 1931. Upon his release from active duty, the FSM accepted his DD Form 214 with his year of birth shown as 1931. 2. 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 a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. 3. The applicant is advised that a copy of these proceedings will be filed in his father's reconstructed record. This will serve to clarify any confusion over the year of birth shown on his DD Form 214 and that shown on his Certificate of Birth. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018886 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018886 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2