IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110002429
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 (Report of Separation from the Armed Forces of the United States), item 10 (Date of Birth (DOB)) to show he was born in 1932 instead of 1933.
2. The applicant states he was born in 1932 and his DD Form 214 erroneously lists the year as 1933.
3. The applicant provides a copy of his birth certificate in support of the application.
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 applicants military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using the applicants DD Form 214 and the document he submitted, along with miscellaneous documents remaining in an NPRC file including separation orders.
3. The applicants DD Form 214 shows he was inducted into the Army on
11 December 1952. Item 10 lists his DOB as 17 February 1933. Item 26 (Foreign and/or Sea Service) shows he completed 1 year, 4 months, and 1 day of service. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:
* National Defense Service Medal
* Korean Service Medal with 1 bronze service star
* Combat Infantryman Badge
* United Nations Service Medal
* Army Good Conduct Medal
4. The DD form 214 confirms the applicant was honorably released from active duty on 21 October 1954, in the rank of private first class, after completing
1 year, 10 months, and 11 days of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the DOB listed on his DD Form 214 has been carefully considered. However, his DD Form 214 shows he was separated using a DOB of 17 February 1933 and, in the absence of evidence to the contrary, it is presumed that he served with that DOB. 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.
2. While the applicants desire to have the records changed to reflect the DOB listed on the birth certificate he now provides is understood, there is no indication he questioned the DOB at any time during his military service, or at the time he was separated from active duty. Therefore, there is an insufficient evidentiary basis to support compromising the integrity of the Armys records to satisfy this request at this late date.
3. A copy of this decisional document, along with his application and associated documents to include the birth certificate will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded on his DD Form 214 and the one 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPXERSON
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) AR20110002429
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002429
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2012 | 20120007917
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 1 December 1933 vice 1 October 1932. The applicant's military records are not available to the Board for review. _______ _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 | 20100019615
The records available to the Board that show his DOB are his DD Form 214 and the birth certificate provided by the applicant. Both documents show his year of birth as 1932. 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 DOB, will be filed in his reconstructed Official Military Personnel File (OMPF).
ARMY | BCMR | CY2013 | 20130008641
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction), dated 11 February 1953, shows his birth year as 1933. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, item 10, to show his birth year as "33."
ARMY | BCMR | CY2012 | 20120019330
The applicant requests correction of his records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. The applicant's DD Form 214 shows the DOB that he claimed at the time he entered active duty.
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 | CY2011 | 20110014849
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. All of the documents contained in the applicant's NPRC file list the same DOB. Absent any evidence to show the applicant attempted to correct his DOB at any time during his active duty service or at the time of separation, there is an...
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 | CY2009 | 20090020118
The applicant requests item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1981 be corrected. 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. This Board action will be filed in the applicant's military records...
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...