IN THE CASE OF:
BOARD DATE: 16 JUNE 2011
DOCKET NUMBER: AR20110000932
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) for the period ending 9 August 1962 to show his date of birth (DOB) as 15 March 1935 instead of 15 March 1936.
2. The applicant states his DOB is incorrectly listed.
3. The applicant provides his birth certificate.
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 records show he enlisted in the Texas Army National Guard (TXARNG) on 19 March 1957. Item 15 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as 15 March 1936.
3. He entered active duty for training (ACUDTRA) on 13 April 1957, completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 111.10 (Light Weapons Infantryman). He was honorably released from ACDUTRA on 12 October 1957.
4. Item 6 (DOB) of his DD Form 214 for this period of service shows his DOB as 15 March 1936.
5. He was honorably discharged from the ARNG on 18 March 1960 for the purpose of immediate reenlistment. His National Guard Bureau Form 22 (Report of Separation and Record of Service) for this period is not available for review with this case.
6. He enlisted in the TXARNG for 1 year on 19 March 1960. Item 15 of his
DD Form 4 also listed his DOB as 15 March 1936.
7. He was ordered to active duty on 15 October 1961. He served in MOS 310.00 (Field Communication Crewman) with Battery D, 3rd Battalion (Rocket Howitzer), 132nd Artillery, Fort Polk, LA. He was honorably released from active duty on 9 August 1962 and returned to State control as a member of the TXARNG.
8. Item 6 (DOB) of his DD Form 214 for this period of service shows his DOB as 15 March 1936.
9. He submitted a certificate of live birth that shows a name similar to his with a DOB as 15 March 1935.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon the applicant's enlistment in the TXARNG on 19 March 1957, he listed his DOB as 15 March 1936 on his enlistment contract. The 1936 year is consistent with the DOB shown on his first DD Form 214, his second enlistment contract, and his second DD Form 214. He did not use the year 1935 during these two periods of service.
2. 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 correct records to show the DOB that is on his birth certificate, this is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his service records. This should serve to clarify any questions or confusion in regard to the DOB record in his record and satisfy his desire to have the DOB that is on his birth certificate documented in his official records.
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) AR20110000932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018298
It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. The applicant is advised that a copy of this decisional document which confirms the date of birth shown on his amended birth certificate will be filed in his Official Military Personnel File (OMPF). __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2013 | 20130021109
The applicant's complete military records are not available to the Board for review. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 21 January 1954. In the absence of his military records or at least his induction document, it is presumed that the DOB shown on his DD Form 214 is correct.
ARMY | BCMR | CY2009 | 20090018895
Application for correction of military records (with supporting documents provided, if any). The applicant requests his military records be corrected to reflect his correct date of birth (DOB) of 6 June 1936. However, the evidence of record confirms the applicant was inducted, served, and was separated from the Army using the DOB 8 May 1936.
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 | CY2014 | 20140014960
The applicant requests his date of birth (DOB) be changed to 16 April 1935 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 April 1960. His DD Form 47 (Record of Induction) shows his DOB as 16 May 1935. Therefore, his DD Form 214 should be corrected to show his DOB as 16 April 1935.
ARMY | BCMR | CY2012 | 20120004317
The applicant's military records are not available for review. Although the applicant has not provided any explanation as to why he served under the DOB reflected on his DD Form 214, it is reasonable to presume that an administrative error occurred at the time of his enlistment that resulted in the date his birth was filed instead of the actual DOB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the DOB...
ARMY | BCMR | CY2014 | 20140010124
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 deleting from his DD Form 214...
ARMY | BCMR | CY2014 | 20140001822
BOARD DATE: 2 September 2014 DOCKET NUMBER: AR20140001822 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. He provides a Certificate of Birth showing his DOB is 6 December 1936.
ARMY | BCMR | CY2002 | 2002068464C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his Report of Separation, DD Form 214, be amended to show his correct date of birth. The Board is authorized to correct any military record to correct an error.
ARMY | BCMR | CY2010 | 20100020438
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows at the time he entered the Army, his DOB was listed as 23 March 1939. His military record should be corrected at this time to consistently document his DOB throughout his military record to show 23 March 1940, his actual date of birth as recorded on birth certificate.