IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080007094
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 requests, in effect, that his record be corrected to reflect his correct date of birth (DOB).
2. The applicant states, in effect, he is not being paid correct social security benefits as a result of the DOB error on his records.
3. The applicant provides a copy of his birth certificate and separation document (DD Form 214) in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 that the applicants 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. This case is being considered using reconstructed records, which primarily consist of the DD Form 214 provided by the applicant.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 13 November 1948. Item 10 (Date of Birth) shows the applicant's DOB as 23 January 1931, and Item 11 (Place of Birth) shows he was born in Grahn, Kentucky.
4. The applicant's separation document shows that he was separated with a general, under honorable conditions discharge (GD) on 1 February 1952, after completing a total of 3 years and 8 days of active military service. The applicant authenticated this document with his signature in Item 48 (Signature of Person Being Separated).
5. The applicant provides a Kentucky State Certificate of Birth issued on
31 March 1954, which shows his DOB as 23 January 1933.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the DOB shown on his military records is incorrect and should be corrected has been carefully considered. However, 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. While the applicants desire to have the records changed to reflect the correct DOB, as reflected on his birth certificate is understood, there is no indication the applicant questioned the DOB at the time he entered the military, at anytime during his military service, or at the time he was separated. As a result, it would not be appropriate to modify the record at this late date.
2. A copy of this decisional document, along with his application and associated documents, to include the birth certificate he submitted, will be filed in the applicants Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding his date of birth as it relates to his military service.
BOARD VOTE:
________ ________ ________ 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 that 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.
ABCMR Record of Proceedings (cont) AR20080007094
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080007094
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010607
IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080010607 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his Enlisted Record and Report of Separation (WD AGO 53-55) be corrected to reflect his correct Date of Birth (DOB). While the applicants desire to have the records changed to reflect the correct DOB, as reflected on his birth certificate is understood, there is no indication the applicant questioned the DOB at the time he entered...
ARMY | BCMR | CY2008 | 20080010362
The applicant requests correction of his date of birth (DOB) on his WD AGO Form 53-55 (Enlisted Records and Report of Separation) from 21 February 1921 to 23 May 1922. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his DOB as 21 February 1921. The evidence of record shows that the applicant used 21 February 1921 as his DOB throughout his military service.
ARMY | BCMR | CY2011 | 20110001220
The applicant's military record is not available to the Board for review. This case is being considered using reconstructed records, which primarily consist of his DD Form 214, three Standard Forms (SF) 88 (Report of Medical Examination) provided by the National Personnel Records Center (NPRC), and an undated SF 180 (Request Pertaining to Military Records) the applicant submitted to the NPRC. The evidence of record shows his date of birth consistently appeared as 1 August 1928 on every...
ARMY | BCMR | CY2012 | 20120019330
The applicant requests correction of his records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. The applicant's DD Form 214 shows the DOB that he claimed at the time he entered active duty.
ARMY | BCMR | CY2015 | 20150000617
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. The applicant provided his Certificate of Birth which shows his DOB as 28 February 1929.
ARMY | BCMR | CY2015 | 20150001566
IN THE CASE OF: BOARD DATE: 10 September 2015 DOCKET NUMBER: AR20150001566 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his date of birth (DOB) as 7 September 1923 vice 1924. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if...
ARMY | BCMR | CY2011 | 20110009597
The applicant requests his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his correct date of birth (DOB). The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States on 31 October 1942 and entered active duty in Boston, MA, on 13 November 1942. ___________X__________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2008 | 20080019584
Application for correction of military records (with supporting documents provided, if any). This document shows the applicant corrected his record of birth to show his correct DOB as 18 December 1925. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB and POB, will be filed in the applicants NPRC file, which now serves as his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2014 | 20140011130
IN THE CASE OF: BOARD DATE: 10 March 2015 DOCKET NUMBER: AR20140011130 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 9 XXXXX 1926 instead of 9 XXXXX 1920. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080010513
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. Item 10 (Date of Birth) of the DD Form 214 he was issued shows the entry 19 May 1929. 6. The applicant requests that his DD Form 214 be corrected to show his correct DOB as 9 December 1927.