| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Charles Gainor | Member |
APPLICANT REQUESTS: That his Report of Separation, DD Form 214, be amended to show his correct date of birth.
APPLICANT STATES: That his date of birth should read 14 November 1935, not 14 November 1936. He provides a copy of his birth certificate and a court-reconstructed copy of his DD Form 214 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The provided copy of the applicant’s DD Form 214 appears to have been reconstructed by his local Register of Deeds. It shows he entered active service on 7 October 1954 and separated on 2 October 1956. Item 10 shows his date of birth as 14 November 1936.
The provided birth certificate shows the applicant’s date of birth as 14 November 1935.
Title 10, U. S. Code, section 1552 provides that the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board is authorized to correct any military record to correct an error. However, in this case, the military record is not available. The DD Form 214 provided is a civilian-reconstructed copy of a military record. As such, it cannot be determined whether the error occurred in the original military record or with the typing of the reconstructed document.
2. While it would not be appropriate to correct the court-reconstructed DD Form 214, it would be appropriate to file a certificate in the applicant’s records showing that his date of birth is 14 November 1935.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by issuing to him a certificate showing his correct date of birth is 14 November 1935 and filing that certificate in his records.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jl____ __gdp___ __cg____ DENY APPLICATION
| CASE ID | AR2002068464 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020425 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2013 | 20130021109
The applicant's complete military records are not available to the Board for review. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 21 January 1954. In the absence of his military records or at least his induction document, it is presumed that the DOB shown on his DD Form 214 is correct.
ARMY | BCMR | CY2011 | 20110000932
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 August 1962 to show his date of birth (DOB) as 15 March 1935 instead of 15 March 1936. The evidence of record shows that upon the applicant's enlistment in the TXARNG on 19 March 1957, he listed his DOB as 15 March 1936 on his enlistment contract. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2004 | 2004101450C070208
The applicant requests, in effect, that his last name be changed on all his service records and that his date of birth be corrected to show his correct date of birth, 27 January 1935. From the evidence in the available records, the applicant continued to use the last name "S-u-s" until he was discharged from the Army, and after." A copy of this Record of Proceedings will be filed in the applicant's service personnel records so that an additional record of his birth name, the name he wishes...
ARMY | BCMR | CY2013 | 20130018298
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. The applicant is advised that a copy of this decisional document which confirms the date of birth shown on his amended birth certificate will be filed in his Official Military Personnel File (OMPF). __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2004 | 2004101800C070208
Melvin H. Meyer | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the first name recorded on his military records be corrected. The applicant’s military records are not available to the Board for review.
ARMY | BCMR | CY1996 | 9610189C070209
A DD Form 398 (Department of Defense Personnel Security Questionnaire), which the applicant signed on 1 August 1988, indicates that his date of birth was 8 August 1939. A DD Form 4/1, signed by the applicant indicates that his date of birth was 8 August 1939, and that he enlisted in the United States Army Reserve on 21 December 1992. The available military records indicate that the applicants date of birth was shown as 29 August 1935 while he was a member of the United States Air Force,...
ARMY | BCMR | CY2013 | 20130000608
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. The applicant's military records are not available to the Board for review. In the absence of evidence to the contrary, it must be presumed that the DOB shown on his DD Form 214 is the DOB he served under.
ARMY | BCMR | CY2010 | 20100000609
The applicants military records are not available to the Board for review. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his DOB as "28 June 1936." ___________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.
ARMY | BCMR | CY2007 | 20070009820
The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his place of birth as Matamoros, Tamaulipas, Mexico; his date of birth as 22 December 1936; and his awards to include the National Defense Service Medal and the Armed Forces Expeditionary Medal for service in Lebanon. Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active...
ARMY | BCMR | CY2003 | 2003086041C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, there is no evidence of record available to the Board which shows the applicant served 20 years of active Federal service in the U.S. Armed Forces necessary to qualify for Regular Army retired pay.