IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20100027704
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 47 (Record of Induction) and DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 13 September 1933.
2. The applicant states, in effect, his DOB is incorrect.
3. The applicant provides copies of his DD Form 47, DD Form 214, birth certificates, and Selective Service System registration cards.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents primarily provided by the applicant.
3. The applicant's DD Form 47 and DD Form 214 show his DOB as 14 September 1933.
4. The documents the applicant submitted include his birth certificate, a birth certificate card, and a Selective Service System Registration Certificate all showing his DOB as 13 September 1933 and a Department of Veterans Affairs identification card showing his DOB as 14 September 1933.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence to suggest the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the DOB he served under. 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 that the applicant now desires the record to show his correct DOB, in the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
2. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and that recorded on his birth certificate.
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) AR20100027704
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027704
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020166
Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 28 December 1947. Throughout his records his DOB consistently appears as 28 December 1947 with the exception of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record) on which his DOB is typed as 27 December 1947. The evidence of record shows he consistently listed his DOB as 28 December 1947 throughout his military career.
ARMY | BCMR | CY2013 | 20130018070,
The applicant requests in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 June 1939 instead of 4 December 1938. Item 5 of the applicant's DD Form 47 (Record of Induction) and various other documents in his Official Military Personnel File (OMPF) list his DOB as 4 December 1938. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2013 | 20130006145
The applicant requests correction of his records to show his middle name as Kirkland instead of Keith and his birth year as 1933 instead of 1932. 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. This should serve to clarify any questions or confusion regarding the difference in the year...
ARMY | BCMR | CY2014 | 20140011982
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. Information herein was obtained from DD Form 214 provided by the applicant. As there are no official military records, other than the DD Form 214, upon which to make a determination of whether or not the DOB on the DD Form 214 was correctly...
ARMY | BCMR | CY2008 | 20080019389
The applicant requests, in effect, that item 4 (Date of Birth) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 April 1974 be corrected to show 1934 instead of 1933. This Board action will be filed in the applicant's military records so a record of his date of birth will be on hand. ABCMR Record of Proceedings (cont) AR20080019389 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110011511
The applicants military records are not available to the Board for review. The applicant provided a copy of his birth certificate which verifies his correct DOB as 11 September 1933; however, his service records that would show the DOB he was inducted under and served in are not available. The applicant is advised that a copy of this decisional document which confirms the FSM's correct DOB will be filed in his reconstructed Official Military Personnel File (OMPF).
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 | CY2010 | 20100026064
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that upon his induction, the applicant listed his name as "---ea- -ylea- Jr." This full name is consistent with the full name on the documents in his official military record throughout his service. 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 full name,...
ARMY | BCMR | CY2011 | 20110014056
The evidence of record shows upon his induction into the Army of the United States, the applicant's DOB was listed as 29 Mxx 19x2. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2010 | 20100030153
Application for correction of military records (with supporting documents provided, if any). However, in this case given that there was an inconsistency in the DOB recorded at the time of the applicant's induction process it would be appropriate to correct his DD Form 214 to reflect the DOB that is recorded on his birth certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 9 of his DD Form 214 by...