Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100030383
Original file (20100030383.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20100030383 


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 Forms 214 (Report of Separation from Active Duty/Certificate of Release or Discharge from Active Duty) for the periods ending on 19 December 1974 and 30 November 1983 to show his date of birth (DOB) as 28 Oxxxxxx xxxx instead of 6 Oxxxxxx xxxx.

2.  The applicant states his DOB is incorrectly listed on both DD Forms 214. 

3.  The applicant provides DD Forms 214 ending on 30 November 1983,
19 December 1974, and a Special Certificate of Birth.

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 enlisted in the Regular Army (RA) for 3 years on 8 August 1969. Item 21 (DOB) of his DD Form 4 (Enlistment Contract) listed his DOB as 6 Oxxxxxx xxxx.  He authenticated this form and allied documents by placing his signature in the appropriate places. 

3.  On 27 July 1971, he was honorably discharged for the purpose of immediate reenlistment in the RA.  Item 6 (DOB) of his DD Form 214 for this period of service listed his DOB as 6 Oxxxxxx xxxx.  He authenticated this form by placing his signature in the appropriate place. 

4.  He executed a 4-year reenlistment in the RA on 28 July 1971.  Again, item 21 (DOB) of his DD Form 4 listed his DOB as 6 Oxxxxxx xxxx.  He authenticated this form and allied documents by placing his signature in the appropriate places. 

5.  He was honorably discharged from active duty on 19 December 1974.  Item 4 (DOB) of his DD Form 214 for this period of service also listed his DOB as 6 Oxxxxxx xxxx.  He authenticated this form by placing his signature in the appropriate place. 

6.  He immediately reenlisted in the RA for 6 years on 20 December 1974 and followed that with a 3-year reenlistment on 24 October 1980.  Items 21 or 7 of his DD Forms 4 for these periods also listed his DOB as 6 Oxxxxxx xxxx.  He authenticated each form and allied documents by placing his signature in the appropriate places. 

7.  He completed various forms during this period of enlistment including a report of medical history, a report of medical examination, an application for an identification card, and other documents, which all list his DOB as 6 Oxxxxxx xxxx.

8.  On 30 November 1983, he was honorably discharged.  Item 5 (DOB) of this DD Form 214 shows his DOB as 6 Oxxxxxx xxxx.  He authenticated this form by placing his signature in item 21 (Signature of Member Being Separated). 

9.  He submitted a copy of a birth certificate, issued 26 July 2010, with his name that shows his DOB as 28 Oxxxxxx xxxx.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB as 6 Oxxxxxx xxxx.  This DOB is consistent with the DOB shown on several documents in his service record throughout his period of military service.  He authenticated several documents by placing his signature in the appropriate blocks indicating the DOB on each form was correct.  He did not use the DOB that is listed on his birth certificate during his period of military service.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s DOB in this case.

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)                                         AR20100030383



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100030383



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110024934

    Original file (20110024934.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). In connection with his induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as x Oxxxxxx 1941. __________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 | CY2011 | 20110008183

    Original file (20110008183.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as “14 Oxxxxxx xxxx” vice “15 Oxxxxxx xxxx.” 2. The evidence of record shows at the time he entered the Army, his DOB was listed as 14 Oxxxxxx xxxx. His military records also contain official documents which list his DOB as 14 Oxxxxxx xxxx.

  • ARMY | BCMR | CY2011 | 20110022345

    Original file (20110022345.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the last digit of his social security number (SSN) as “3” * his date of birth (DOB) as 11 Oxxxxxx xxxx. His DD Form 4 (Enlistment/Reenlistment Document) shows the last digit of his SSN as “9” and his DOB as 11 Oxxxxxx xxxx. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show the last digit of his SSN as...

  • ARMY | BCMR | CY2010 | 20100013247

    Original file (20100013247.txt) Auto-classification: Denied

    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 | CY2011 | 20110009199

    Original file (20110009199.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) on his DD Form 214 shows his DOB as 30 Jxxxxxx xxxx. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his military record.

  • ARMY | BCMR | CY2012 | 20120001378

    Original file (20120001378.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 October 1979 to show his: * social security number (SSN) as "yyy-yy-2543" (a completely different number) instead of "xxx-xx-2421" * date of birth (DOB) as "25 March xxxx" instead of "25 May xxxx" 2. The evidence of record shows upon his initial enlistment in the NJARNG and entry on active duty the applicant listed his SSN as "xxx-xx-2421" and his DOB as "25...

  • ARMY | BCMR | CY2010 | 20100016576

    Original file (20100016576.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 12 December 2010 DOCKET NUMBER: AR20100016576 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the third digit of his social security number (SSN) as "7" instead of "1." His records for this period of service also contains various documents, including a record of emergency data, pre-separation counseling checklist, award certificates, medical...

  • ARMY | BCMR | CY2010 | 20100008947

    Original file (20100008947.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 3 (Social Security Number (SSN)) to show the entry "xxx-06-xxxx" instead of "xxx-26-xxxx" * Item 12b (Separation date This Period) to show the entry "83 06 29" instead of "82 06 29" 2. The evidence available evidence shows separation action was initiated against the applicant in June 1982. Her date of discharge is correctly listed on her DD Form 214.

  • ARMY | BCMR | CY2013 | 20130007818

    Original file (20130007818.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 6 October 19XX instead of 6 August 19XX. _______ _ 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 | CY2013 | 20130011610

    Original file (20130011610.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as XX January 1959 vice 1958. His DA Form 2A (Personnel Qualification Record - Part I) which was created upon his entry on active duty listed his DOB as XX January 1958. _______ _ 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.