IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100018124
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 15 September 1948.
2. The applicant states he didn't pay any attention to his DD Form 214 when he left the service, but now he is applying for social security benefits and needs the correction.
3. The applicant provides copies of his DD Form 214, birth certificate, New York State Department of Motor Vehicles Identification Card, retirement benefit plan participation statement, certificate of baptism, and social security estimate of benefits. All these documents, with the exception of his DD Form 214, show his date of birth as 15 September 1948.
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 was inducted into the Army of the United States on 3 February 1969. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction), dated 17 April 1968, shows his date of birth as 7 January 1949.
3. Item 12 (Date of Birth) of the applicant's Standard Forms 88 (Report of Medical Examination), dated 5 March 1968 and 28 January 1971, shows his date of birth as 7 January 1949.
4. The applicant's DA Form 428 (Application for Identification Card), dated 4 February 1969, shows 7 January 1949 in item 10 (Date of Birth).
5. Item 6 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his date of birth as 7 January 1949.
6. The applicant was separated on 2 February 1971. Item 6 (Date of Birth) of his DD Form 214 shows his date of birth as 7 January 1949.
7. The applicant provided a copy of his birth certificate showing his date of birth as 15 September 1948. He also provides an estimate of benefits from the Social Security Administration indicating its records show his date of birth as 15 September 1948.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 15 September 1948.
2. The evidence of record clearly shows the applicant was inducted into the Army of the United States, served for a period of 2 years, and was honorably separated using the date of birth currently recorded in his military records. The fact that he now desires a change to the date of birth for personal reasons is not a sufficiently mitigating factor that warrants granting the requested relief.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. In view of the foregoing, there is no basis for granting the applicant's request. However, a copy of this Record of Proceedings will be filed in the applicant's official military personnel file and may serve to clarify any questions concerning the differences in his date of birth.
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 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) AR20100000365
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018124
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090007282
BOARD DATE: 6 October 2009 DOCKET NUMBER: AR20090007282 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's records to show his date of birth as 16 July 1949. ABCMR Record of Proceedings (cont) AR20090007282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090007282 2 ARMY BOARD FOR...
ARMY | BCMR | CY2010 | 20100011963
The applicant, the sister of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 14 August 1948. DD Form 398 (Statement of Personal History), dated 1 August 1969 and signed by the FSM, shows his date of birth as 27 March 1949. ___________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2011 | 20110013305
Application for correction of military records (with supporting documents provided, if any). Item 6 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 28 March 1948. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the 29 March 1948 DOB and adding the correct DOB as 28 March 1948.
ARMY | BCMR | CY2011 | 20110016123
Application for correction of military records (with supporting documents provided, if any). The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM) be corrected to show: * his social security number (SSN) from XX3-X4-XX80 to a completely different number * his date of birth (DOB) from 5 March 1948 to 5 March 1949 2. The DA Form 20 (Enlisted Qualification Record) that was created at...
ARMY | BCMR | CY2010 | 20100026038
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his: * date of birth (DOB) from 22 November 1949 to 22 November 1948 * place of birth (POB) from Los Angeles, CA to Mexico City, Mexico * citizenship from United States to Mexico 2. The applicant provides his U.S. The evidence of record shows his DOB, POB, and citizenship reflected on his DD Form 214 are consistent with every document in his available service...
ARMY | BCMR | CY2004 | 20040006960C070208
The applicant requests, in effect, that his military records be corrected to show that his date of birth is 2 January 1943 instead of 2 January 1948. The record also shows the applicant's date of birth as 2 January 1948. Although the applicant has provided a birth certificate, he offers no explanation as to why his school records prior to his military service show the date of birth as 2 January 1948, why he did not request a correction of his military records over a 21 year Army career, or...
ARMY | BCMR | CY2014 | AR20140010323
The applicant requests his date of birth (DOB) and social security number (SSN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 September 1968. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the last four numerals "51x6" and his DOB as 31 August 1948. Therefore, there is sufficient evidence to correct his DD Form 214 to show his DOB as 31 August 1948.
ARMY | BCMR | CY2009 | 20090011072
Item 5 (Date of Birth) of his induction record shows he was born on 29 May 1948. The evidence of record shows the applicant was inducted into the Army of the United States and his induction record shows his authorized prefix is "US" which is properly shown in item 2 of his DD Form 214. His military records show he was born on 29 May 1948.
ARMY | BCMR | CY2007 | 20070008005
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct social security number as 445-##-####; his date of birth as 9 July 1949; his education level as a high school graduate; and his home of record as 2041 South Adams Road, Fort Sill, Oklahoma. The applicant's military records show that he had completed 2 years of high school at the time of his enlistment on 28 March 1966. The applicant enlisted in the...
ARMY | BCMR | CY2011 | 20110016633
Application for correction of military records (with supporting documents provided, if any). His official military personnel file (OMPF) contains the following documents that show his DOB as 30 December 1947: * Standard Form 89 (Report of Medical History), dated 8 September 1967 * DD Form 47 (Record of Induction), dated 21 August 1967 * DA Form 20 (Enlisted Qualification Record), prepared upon his entry on active duty * DA Form 428 (Application for Identification Card), dated 16 February...