IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100020132
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 that his Army records be changed to show his date of birth as 17 April 1951.
2. The applicant states that his birth certificate shows he was born on 17 April 1951.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and his birth certificate.
CONSIDERATION OF EVIDENCE:
1. 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. A DD Form 398 (Statement of Personal History) completed by the applicant when he was inducted on 11 August 1970 lists his date of birth as 18 April 1951.
3. Every document in his record that lists a date of birth, including his 5 April 1972 DD Form 214, lists his date of birth as 18 April 1951.
DISCUSSION AND CONCLUSIONS:
1. Every available record that required a date of birth shows his birth date as 18 April 1951.
2. The Army has an interest in maintaining the integrity 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.
3. A copy of this decisional document, the application and the supporting evidence provided will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the two different dates 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 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) AR20100020132
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020132
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006995
Application for correction of military records (with supporting documents provided, if any). 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 from 13 April 1951 to 13 April 1952. A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his date of birth consistently appears as 13 April 1951.
ARMY | BCMR | CY2011 | 20110018015
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 (DOB) as "8 August 1951" instead of "8 September 1951." With the exception of his enlistment contract and DD Form 214 for the period ending 29 October 1969, every official document in the applicant's military record lists his DOB as "8 August 1951." As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2015 | 20150000361
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 (DOB) as 30 August 1950 vice 30 August 1951. A review of every document contained in his available military personnel record, many of which bear his signature, shows that his DOB consistently appears as 30 August 1951. The evidence of record shows that upon his entry into the Army the applicant listed his DOB as 30 August 1951.
ARMY | BCMR | CY2011 | 20110021188
The applicant requests the date of birth (DOB) listed in item 5 (Date of Birth) of his 25 December 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The evidence of record confirms the applicant entered military service, served, and was separated under the DOB 27 September 1951, as evidenced by the DD Form 4 and allied documents prepared during his initial enlistment processing in 1986 and the last DA Form 2 on file prepared in 2001. As a result, the...
ARMY | BCMR | CY2014 | 20140006477
His military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show the DOB listed on his birth certificate. ___________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 | CY2014 | 20140002306
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to...
ARMY | BCMR | CY2012 | 20120004310
The applicant requests correction to the date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant listed his DOB on his DD Form 398 and DD Form 47 as 12 August 1950. _______ _ _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 | CY2010 | 20100013247
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) for the period ending on 21 June 1974 be corrected to show his date of birth (DOB) is 23 September 1951. The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB as 23 September 1951. The evidence of record also shows upon his second period of enlistment, he listed his DOB as 23 September 1948.
ARMY | BCMR | CY2010 | 20100008632
The applicant requests that item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 25 February 1916. The applicant's military records show he enlisted in the Regular Army on 13 December 1945. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
ARMY | BCMR | CY2013 | 20130001381
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show his date of birth (DOB) as 20 September 1951 instead of 20 September 1950. The following documents in his Military Personnel Records Jacket (MPRJ), signed by the applicant, show his DOB as 20 September 1950: * DD Forms 4 (Enlistment Contract Armed Forces of the United States), dated 4 February 1969, 12 June 1970, 14 March 1973, 22...