ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  26 August 2019 DOCKET NUMBER:  AR20190004707 




APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), effective date 19 December 1953, to show his date of birth (DOB) as XXXXXX instead of XXXXXX. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214, dated 19 December 1953

.certification of birth, Mississippi State Board of Health, dated 14 January 2019



FACTS: 









1.The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.2.The applicant states, in effect, he request his DOB be corrected on his DD Form 214 after a review of his birth certificate he has provided.3.The applicant's military personnel service 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 are sufficient documents available for the Board to conduct a fair and impartial review of this case.4.On 16 January 1952, the applicant was inducted into the Regular Army and he was released from active duty on 19 December 1953.  His DD Form 214, item 10 (Date of Birth) shows his DOB as XXXXXX.5.The applicant provides a birth certificate from the state of Mississippi which shows his DOB as XXXXXX. 



6.The applicant's available records are void of evidence which list his DOB asXXXXXX which is the DOB he currently request.7.Army Regulation 635-5 (Separation Documents) directs that 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. 

BOARD DISCUSSION: 





1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his availablerecords, the belief that his records were burned or destroyed in the National RecordsCenter fire, the date of birth on the DD Form 214 he was issued at separation and thecopy of the Mississippi Certificate of Birth issued December 12, 2018.  The Board foundno evidence in the records of the applicant’s requested date of birth and the applicantprovided no other statement or evidence in support of his claim.  Based on apreponderance of evidence, the Board determined that the date of birth as reflected onthe applicant’s DD Form 214 reflected the circumstances as they existed at the time ofservice and was not in error or unjust.2.The applicant is advised that a copy of this decision will be placed in his personnelrecords to clarify the difference in the birth date shown in his records and the birth datehe uses today.3.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XXX :XXX DENY APPLICATION 


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 

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. 


ADMINISTRATIVE NOTE(S): 

Not Applicable 


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three 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 three-year statute oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, establishedthe standardized policy for preparing and distributing the DD Form 214.  The purpose ofthe separation document is to provide the individual with documentary evidence of hisor 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 andreflects the conditions as they existed at the time of separation.