IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110002589
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show his date of birth (DOB) as 25 December 1941 instead of 18 June 1939.
2. The applicant states the DOB is incorrectly listed on the FSM's DD Form 214.
3. The applicant provides the FSM's DD Form 214, certificate of birth, and certificate of death.
CONSIDERATION OF EVIDENCE:
1. In connection with his enlistment in the Regular Army (RA), the FSM submitted a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) on 18 September 1959. This form listed his DOB as 25 December 1941.
2. He enlisted in the RA on 28 September 1959 for 3 years. Item 15 (DOB) of his DD Form 4 (Enlistment Record) listed his DOB as 25 December 1941. He authenticated this form by placing his signature in the appropriate place.
3. The DA Form 20 (Enlisted Qualification Record) that was created or used at the time he entered active duty shows his DOB as 18 June 1939. He reviewed this form at a later date and indicated the information listed on it was correct.
4. His records contain conflicting documents.
a. An application for an identification card, a copy of an identification card, a Record of Emergency Data, and a Personnel Data Sheet list the applicant's DOB as 18 June 1939.
b. An Enlistment Record, Reports of Medical Examination, and Reports of Medical History list the applicant's DOB as 25 December 1941.
c. The applicant authenticated some of these forms, as required, by placing his signature in the appropriate place using both DOBs.
5. He was released from active duty on 24 July 1961. Item 6 (DOB) of his
DD Form 214 shows his DOB as 18 June 1939. He authenticated this form by placing his signature in the appropriate block.
6. The applicant provides copies of the FSM's birth and death certificates, both of which list his DOB as 25 December 1941.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The FSM enlisted with his parents' consent on 28 September 1959. He listed his DOB as 25 December 1941 at the time. However, soon after his entry on active duty, he began using the DOB of 18 June 1939. It is unclear why the FSM used two different DOBs during his military service.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
3. Nevertheless, a copy of this decisional document along with the application and supporting documents will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the different DOB he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served.
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) AR20110002589
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002589
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021440
The FSM's DD Form 373, dated 18 September 1959, shows his DOB as 25 December 1941. His enlistment record shows his DOB as 25 December 1941. The FSM's DD Form 214 shows his DOB as 18 June 1939.
ARMY | BCMR | CY2002 | 2002076177C070215
In support of his application, he submits a copy of his birth certification card, copies of his separation documents from the Regular Army (DD Form 214) and the Army National Guard (NGB Form 22). EVIDENCE OF RECORD : The applicant's military records show: The DOB listed in Item 15 (Date of Birth) of the Enlistment Record (DD Form 4) listed his DOB as 10 April 1940.
ARMY | BCMR | CY2014 | 20140009294
Application for correction of military records (with supporting documents provided, if any). The consent form she signed stated his birth certificate was used to verify his DOB and his DOB was 12 April 1939. However, his DD Form 47, dated 13 October 1959 and all subsequent documents, excepting his DD Form 214, show his DOB as 16 November 1940, and he signed many of those documents indicating his DOB was correct.
ARMY | BCMR | CY2008 | 20080016416
Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry 13 August 1939. He was honorably discharged on 2 June 1960 for the purpose of immediate reenlistment. There is no indication in the applicant's records that he used 13 August 1940 as his DOB throughout his military service. The applicant requests that his DD Form 214 be corrected to show his correct DOB as 13 August 1940.
ARMY | BCMR | CY2007 | 20070012420C080407
The applicant requests, in effect, that the military records of her deceased husband, a former service member (FSM), be corrected to reflect his correct Date of Birth (DOB). However, the evidence of record confirms the FSM was inducted, served, and was separated from the Army using the DOB 3 March 1939, which is the DOB listed on his final DD Form 214. While the applicant’s desire to have the records changed to reflect the FSM's correct DOB, as reflected on the birth certificate...
ARMY | BCMR | CY2012 | 20120008401
The applicant requests, in effect, the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his late father, a former service member (FSM), be corrected to list the correct date of birth (DOB) in block 6 (Date of Birth). His record contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) and DA Form 20 (Enlisted Qualification Record) which list his DOB as 9 August 1939. The DOB entered in block 6 of the FSM's DD Form 214 is listed as 9...
ARMY | BCMR | CY2005 | 20050012822C070206
The applicant requests that his records be corrected to show his date of birth as 15 April 1939, not 5 December 1938. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.
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 | CY2011 | 20110017567
The applicant states the DOB is incorrectly listed on his DD Form 214. He authenticated this document by placing his signature in the appropriate block, indicating this was his correct DOB He did not use the DOB that is listed on his birth certificate during the time he served in an active or inactive duty status. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were...
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.