IN THE CASE OF: BOARD DATE: 8 February 2023 DOCKET NUMBER: AR20220007011 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 10 February 1953 to show his date of birth (DOB) as shown on his birth certificate. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * State Certificate of Birth, filed 25 May 1930 and certified 7 January 1982 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 complete 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with the DD Form 214 he provided, to conduct a fair and impartial review of this case. 3. The applicant states his DOB is incorrect as shown on his DD Form 214. He was born on a different date in 4. He was inducted into the Army of the United States on 10 February 1951. Item 6 (DOB) of his DD Form 47 (Record of Induction) shows the contested DOB. 5. He was honorably released from active duty on 10 February 1953. Item 10 (DOB) of his DD Form 214 shows the contested DOB. 6. A review of his Official Military Personnel File revealed that all applicable documents contain the DOB shown on his DD Form 47 and DD Form 214. 7. His birth certificate, certified 7 January 1982, shows his requested DOB. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested date of birth (DOB) during his entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must 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. 2. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have his legal date of birth documented in his military records. 3. However, the Board determined the applicant’s record was absent award of the National Defense Service Medal and did not annotate he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 29 November 1950 to 10 February 1953. Based on this the Board determined partial relief was warranted and granted partial relief for correction of the applicant’s record to show award of the National Defense Service Medal and award of the Army Good Conduct Medal. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the National Defense Service Medal and the Army Good Conduct Medal (1st Award) for exemplary service from 29 November 1950 to 10 February 1953.and adding the medal to his DD Form 214 for the period ending 10 February 1953. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his date of birth. 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, 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 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. 2. For historical purposes, the Army has an interest in maintaining the integrity 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, there is a reluctance to recommend that those records be changed. 3. Special Regulation 615-260-1 (Enlisted Personnel), 20 June 1950, provided an outline of procedures to be followed in effecting the discharge of enlisted personnel for any cause (except disability) in any type of organization or separation activity and described the proper method of executing and disposing of the various forms, records, and reports required. It established standardized policy for preparation of the DD Form 214 to be used in obtaining the rights and benefits of the veteran at the time of separation. The specific instructions noted form items which are self-explanatory were omitted from the description (e.g., item 10 (DOB)). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007011 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1