IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006717
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 record to show his correct date of birth (DOB) as 6 July 1968 instead of 6 July 1969.
2. He states the year of his birth date is wrong and it should be changed from 1969 to 1968. He continues that a mistake was made when he enlisted in the Army.
3. He provides his:
* DD Form 214 for the period ending 30 April 1991
* State of Pennsylvania Driver's License issued on 12 May 2010
* his United States of America Certificate of Naturalization issued on
28 May 2002
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 enlisted in the Regular Army on 20 February 1990 for a period of 3 years and 14 weeks. He successfully completed training and he was awarded military occupational specialty 11B (infantryman). On 30 April 1991, he was honorably discharged by reason of physical disability with severance pay.
3. Item 5 (DOB) of his DD Form 214 he was issued at the time shows the entry "690706," indicating his DOB as 6 July 1969.
4. Review of his Official Military Personnel File (OMPF) revealed that all documents in his record requiring a DOB entry shows his DOB as 6 July 1969. Additionally, he signed many of these documents certifying the information provided was correct to the best of his knowledge.
5. He provided a copy of his Certificate of Naturalization, issued on 28 May 2002, and his State of Pennsylvania Drivers License, issued on 12 May 2010, that shows his DOB as 6 July 1968.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicants DOB might have been 6 July 1968 as confirmed by his United States of America Certificate Naturalization and State of Pennsylvania Drivers License he provided. However, he served in and he was discharged from the Army with his DOB listed as 6 July 1969. While his desire to have his record changed to show his correct DOB, there is no basis for compromising the integrity of the Armys records.
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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct DOB in his military records, there 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, which confirms his correct DOB, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
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) AR20110006717
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006717
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017992
The applicant requests correction of his record to show his correct date of birth (DOB) as 3 December 1944 instead of 3 December 1942. However, he served in and he was discharged from the Army with his DOB listed as 3 December 1942. _______ _ 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 | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2014 | 20140018876
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 24 October 1946 instead of 17 October 1946. His DD Form 4 (Enlisted Record - Armed Forces of the United States) shows his DOB as 17 October 1946. Although the applicant's birth certificate and driver's license show his DOB as 24 October 1946, all documents in his military personnel records consistently show his DOB as 17 October 1946.
ARMY | BCMR | CY2014 | 20140010741
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. The applicant's DD Form 47 (Record of Induction), dated 3 January 1968, shows: * his first name as R__Y__ND * his SSN as XXX-XX-9733 * his DOB as 5 December 1947 3. Although the birth certificate provided by the applicant shows his first...
ARMY | BCMR | CY2009 | 20090018499
The applicant requests his date of birth (DOB) be changed from 22 February 1949 to 18 February 1949 on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Although the documents provided by the applicant show his DOB as 18 February 1949, documents in his service personnel record shows his DOB has always been recorded as 22 February 1949. This Board action will be filed in his military records as a record of the DOB he is currently using.
ARMY | BCMR | CY2012 | 20120009756
The applicant requests correction of the name and date of birth (DOB) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states the correct information his DD Form 214 should be the name and DOB on his current drivers license which includes no middle name. The version in effect at the time of the applicant's discharge states the DA Form 20, along with all available documents in the official military personnel records, were the source records...
ARMY | BCMR | CY2014 | 20140006669
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as "9 August 19XX" instead of "7 August 19XX." It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. There is no evidence of record and he did not provide sufficient evidence to show the DOB listed on his DD Form 214 was not the DOB he used at...
ARMY | BCMR | CY2013 | 20130019555
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 13 January 19XX vice 8 January 19XX. His DD Form 47 (Record of Induction), dated 6 April 1967, shows his DOB as 8 January 19XX.
ARMY | BCMR | CY2013 | 20130013567
The applicant requests correction of his military records to show his correct date of birth (DOB), place of birth (POB), and social security number (SSN). His DD Form 214 for this period of service shows his SSN as 5xx-xx-xxxx and his DOB as 29 September 1968. The applicant's contention that his records should be corrected to show his correct POB, DOB, and SSN has been carefully considered.
ARMY | BCMR | CY2012 | 20120004560
All orders and other documents on file in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that contain a DOB list his DOB as 22 May 1945. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the AMHRR would be the primary source records for information entered on the DD Form 214. However, the evidence of record confirms the applicant...