Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080016336
Original file (20080016336.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 February 2009

		DOCKET NUMBER:  AR20080016336 


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 the date of birth listed on his separation documents (DD Forms 214) be corrected.   

2.  The applicant states, in effect, that his correct date of birth is 3 June 1932 and not 6 June 1932, as is listed on his DD Forms 214.  

3.  The applicant provides 1955, 1959, 1965, and 1969 DD Forms 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 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.  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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's military record was not available to the Board for review.  However, there were sufficient documents on file 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 Forms 214 provided by the applicant.  

3.  The action by this Board is limited to correction of the applicant's DD Form 214 issued in 1955, for his active duty service in the United States Army from 
20 December 1952 through 21 July 1955.  Correction of the DD Forms 214 he was issued in 1959, 1965 and 1969, which document active duty periods completed in the United States Air Force is not within the purview of this Board and will not be addressed further in this Record of Proceedings.  Correction of these documents should be addressed to the board for correction of Air Force records at the address listed on the reverse side of the DD Form 149.  

4.  The applicant provides a DD Form 214 covering his first period of active duty service from 20 December 1952 through 21 July 1955, which he completed in the United States Army.  This document shows he enlisted in the Regular Army (RA) and entered active duty on 20 December 1952.  Item 10 (Date of Birth) lists his date of birth as 6 June 1932.  

5.  The applicant's 1955 DD Form 214 further shows that on 31 July 1955, he was honorably discharged, in the rank of sergeant, by reason of hardship after completing 2 years, 7 months and 2 days of active duty service during the period covered by the DD Form 214.  The applicant authenticated this document with his signature in Item 48 (Signature of Person Being Separated) on the date of his discharge.  

6.  The applicant provides a birth certificate, dated 25 June 1958, which lists his date of birth as 3 June 1932.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the date of birth listed on his DD Forms 214 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. 


2.  While the applicant’s desire to have his military records changed to reflect the date of birth listed on his birth certificate is understood, there is no indication that he questioned the date of birth at the time he entered the United States Army on 20 December 1952, at anytime during his active duty service in the RA, or at the time of his discharge on 21 July 1955.  As a result, given it appears he entered, performed and was separated from the RA under the date of birth listed on his DD Form 214, it would not be appropriate to grant the requested relief at this late date.  

3.  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 applicant’s 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)                                         AR20080016336



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016336



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001623

    Original file (20120001623.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show his date of birth (DOB) as 25 September 1932 instead of 25 September 1931. His DD Forms 214 for the period ending 18 August 1963, 18 August 1969, and 30 April 1972 all show his DOB as 25 September 1931. Although the Extract of Birth Recording and U.S. Passport provided by the applicant shows his DOB as 25 September 1932, the evidence of record shows he reported his DOB as 25 September 1931 throughout his service.

  • ARMY | BCMR | CY2006 | 20060015212

    Original file (20060015212.txt) Auto-classification: Approved

    The applicant’s Service Record shows he was promoted to SGT (T) on 18 January 1954. His DD Form 214 shows he was separated in the rank of SGT (T) with a date of rank of 18 June 1954. However, his Service Record shows he was promoted to SGT (T), E-5 on 18 January 1954 and his Enlisted Qualification Record shows his pay grade status as E-5 on 18 January 1954.

  • ARMY | BCMR | CY2013 | 20130008641

    Original file (20130008641.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction), dated 11 February 1953, shows his birth year as 1933. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, item 10, to show his birth year as "33."

  • ARMY | BCMR | CY2014 | 20140005100

    Original file (20140005100.txt) Auto-classification: Approved

    The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records.

  • ARMY | BCMR | CY2014 | 20140004035

    Original file (20140004035.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. His record contains a series of enlistment records as listed below, which list his DOB as "23 Nxxxxxxx XXXX": * DD Form 4 (Enlistment Record –...

  • ARMY | BCMR | CY2012 | 20120008318

    Original file (20120008318.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Certificate of Live Birth * Self-authored Statement * DD Forms 214 issued on 23 June 1952 and 23 April 1955 * WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and Honorable Discharge Certificate issued on 24 July 1945 * FSM Personal Information Listing * Certificate of Death (2 pages) CONSIDERATION OF EVIDENCE: 1. The FSM's WD AGO Form 53-55...

  • ARMY | BCMR | CY2014 | 20140004046

    Original file (20140004046.txt) Auto-classification: Approved

    A DD Form 214 for this period of service (4 October 1951 to 5 January 1958) is not available for review with this case. A DD Form 214 (enlisted) for his period of service from 4 October 1951 to 5 January 1958 is not available for review with this case. As a result, the Board recommends denial of so much of the application that pertains to listing his: * service in Korea from September 1952 to September 1954 * overseas assignments in Germany, Kwajalein, and Korea * rank as sergeant first...

  • ARMY | BCMR | CY2012 | 20120005064

    Original file (20120005064.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show: * second award of the Bronze Star Medal * second award of the Combat Infantryman Badge * Croix de Guerre * four awards of the Army Good Conduct Medal * two service stars to be affixed to the Korean Service Medal * one service star to be affixed to the American Defense Service Medal * American Campaign Medal * marksmanship qualification badges 2. The applicant states: * the awards...

  • ARMY | BCMR | CY2012 | 20120019330

    Original file (20120019330.txt) Auto-classification: Denied

    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 | CY2012 | 20120007917

    Original file (20120007917.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 1 December 1933 vice 1 October 1932. The applicant's military records are not available to the Board for review. _______ _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.