IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080017463
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, correction of her date of birth on her
DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, she submitted a baptism certificate, not a birth certificate when she enlisted.
3. The applicant provides a copy of her Certification of Birth in support of her 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 applicant's record shows she enlisted in the Regular Army on 5 May 1975. The DD Form 4 (Enlistment Contract Armed Forces of the United States) prepared on her during her initial enlistment shows her date of birth as
9 June 1955 in item 21 (Date of Birth).
3. The applicant's record contains a DD Form 398 (Statement of Personal History), dated 19 March 1975, which shows the applicant's date of birth as
9 June 1955.
4. The date of birth on the DD Form 214 issued to and signed by the applicant on the date of her separation shows 9 June 1955. This date of birth is consistent with the date of birth documented throughout the applicant's service record created upon her enlistment and in the records and documents prepared and published throughout her tenure on active duty.
5. The applicant provides a copy of her Certification of Birth, issued by the Commonwealth of Puerto Rico, Department of Health, Demographic Registry, dated 21 October 1994. The certificate lists her date of birth as 23 Jul 1955.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSIONS AND CONCLUSIONS
1. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the DOB under which she served. For historical purposes, 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 it is understandable the applicant desires to now record her correct DOB in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her correct DOB, will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in her military record and to satisfy her desire to have her correct DOB documented in her OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___ X __ ___ X _ ___ X _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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) AR20080017463
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021180
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 8 November 1956 versus 8 November 1955. Key documents include: * DA Form 2 (Personnel Qualification Record - Part I) * DD Form 1966 (Application for Enlistment - Armed Forces of the United States) (also shows the recruiter verified his DOB by reviewing his birth certificate) * DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) *...
ARMY | BCMR | CY2013 | 20130007006
The FSM's record contains: a. The applicant provides the FSM's DA Form 3713 that shows the FSM's: * active duty grade as LTC * retired rank as COL 7. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2011 | 20110002200
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to reflect his correct date of birth (DOB). ABCMR Record of Proceedings (cont) AR20110002200 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002200 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2013 | 20130015921
The applicant requests correction of his military records to show his date of birth (DOB) as 26 October XXXX instead of 24 August XXXX. All of his service personnel records show his DOB as 24 August XXXX. Although the birth certificate provided by the applicant shows his DOB as 26 October XXXX, the evidence of record shows he reported his DOB as 24 August XXXX when he enlisted in the RA in 1955.
ARMY | BCMR | CY2012 | 20120007786
All of the documents contained in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that includes the applicant's DOB lists his DOB as 13 April 1937. The applicant contends his military record should be corrected to show his correct DOB as 13 April 1938. The available evidence of record shows he served using the DOB of 13 April 1937.
ARMY | BCMR | CY2010 | 20100013798
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his date of birth (DOB) as 2 January 1936 vice 3 January 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. ABCMR Record of Proceedings (cont) AR20100013798 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2013 | 20130004903
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth as 23 October 1956. 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. A thorough review of all documents contained in his available military personnel records, many of...
ARMY | BCMR | CY2014 | 20140010948
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. Although the birth certificate provided by the applicant shows his DOB as 9 April 1957, the evidence of record shows he reported his DOB as 4 April 1957 when he enlisted in the USAR and Regular Army in 1975. ABCMR Record of Proceedings...
ARMY | BCMR | CY2013 | 20130021572
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 9 September 1933 instead of 8 September 1933. The applicant provides copies of his: * DD Form 214 * State of California, County of Contra Costa, Standard Certificate of Birth showing his DOB as 9 September 1933 CONSIDERATION OF EVIDENCE: 1. The applicant's military service records are not available to the Board for review.
ARMY | BCMR | CY2014 | 20140004896
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. He contends the DOB shown on his DD Form 214 is incorrect and should read 22 June 1932; however, his service personnel records are not available.