ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 December 2019 DOCKET NUMBER: AR20190012708 APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his last name as instead of and to show his date of birth (DOB) as 26 March 1931 instead of 15 August 1929. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Birth * Honorable Discharge Certificate 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 (ABCMR) 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'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 that his records were lost or destroyed in that fire. This case is being considered based on the documents he provided. 3. The applicant states the last name and DOB shown on his DD Form 214 are incorrect. 4. The applicant's DD Form 214 shows: * he was inducted into the Army of the United States and entered active duty on 24 February 1953 * his last name as * his DOB as 15 August 1929 * he was released from active duty and transferred to the U.S. Army Reserve (USAR) on 18 February 1955 5. The applicant provided a Certificate of Birth showing his last name as and his DOB as 26 March 1931. He also provided an Honorable Discharge Certificate, issued upon his discharge from the USAR on 31 January 1961, that shows his last name as shown on his DD Form 214. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. Based on the limited service records available, the Board was unable to determine if the name and DOB the applicant states is correct were ever recorded in his military service record or if the applicant ever attempted to correct his name and DOB during his period of military service. In the absence of such evidence, the Board agreed it must be presumed that the applicant's DD Form 214 accurately reflects the information available at the time the form was completed. The Board determined there is insufficient evidence to support a recommendation for relief in this case. The applicant is advised that a copy of this decision will be placed in his military personnel file to clarify the difference between the name and date of birth in his records and the name and date of birth he uses today. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 1/23/2020 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Special Regulation 615-360-1 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided an outline of procedures to be followed in effecting discharge of enlisted personnel and described the proper method of executing and disposing of the various forms, records, and reports required. The regulation provides that the entries for items 1 (Last Name-First Name-Middle Name) and 10 (Date of Birth) of the DD Form 214 are self-explanatory. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. NOTHING FOLLOWS