Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013015
Original file (20110013015.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110013015 


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 22 November 1972 to show his year of birth as 1932.

2.  The applicant states that when he joined the U.S. Army in August 1948, his mother thought he was 17 years of age when, in fact, he was only 16 years of age.  He tried several times to change his military record to show his correct year of birth, but apparently it still shows incorrectly.

3.  The applicant provides copies of his birth certificate, DD Form 214, and Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim).

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.  A Certificate of Consent, dated 6 August 1948, shows the applicant's mother certified he was born on X April 1931.  The certificate was subsequently notarized on 17 August 1948.

3.  A review of the applicant's military records shows he initially enlisted in the Regular Army on 23 August 1948.  He served through several reenlistments and retired in November 1972 due to physical disability.  He attained the rank of sergeant first class/pay grade E-7 and completed 20 years, 7 months, and 10 days of creditable active duty service.

4.  The following documents filed in the applicant's military records show his date of birth to be X April 1931:

* WD AGO Form 21 (Enlistment Record – Regular Army), dated 23 August 1948
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 May 1952
* DA Form 20 (Enlisted Qualification Record), dated 1 November 1954
* DD Form 214 for the period ending 5 December 1958
* DD Form 214 for the period ending 13 October 1964
* DD Form 214 for the period ending 13 October 1967
* DA Form 20, dated 1 January 1965
* DD Form 214 for the period ending 22 November 1972

5.  The applicant provides a copy of his birth certificate issued on 3 January 2003 by the County Clerk, El Paso County, Texas.  This document reports the applicant's date of birth as X April 1932.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 22 November 1972 should be corrected to show his year of birth as 1932.

2.  The applicant enlisted in the Regular Army reporting his date of birth as X April 1931.  This date was consistently used throughout his 20-year service.

3.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  The applicant is advised that a copy of this decisional document concerning his date of birth will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the date of birth shown on his birth certificate and the date recorded in his military record.

5.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20110013015



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013015



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001623

    Original file (20120001623.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show his date of birth (DOB) as 25 September 1932 instead of 25 September 1931. His DD Forms 214 for the period ending 18 August 1963, 18 August 1969, and 30 April 1972 all show his DOB as 25 September 1931. Although the Extract of Birth Recording and U.S. Passport provided by the applicant shows his DOB as 25 September 1932, the evidence of record shows he reported his DOB as 25 September 1931 throughout his service.

  • ARMY | BCMR | CY2012 | 20120010659

    Original file (20120010659.txt) Auto-classification: Denied

    His DD Form 214 issued at the time of discharge shows his year of birth as 1931 which indicates that he was 17 years of age at the time of enlistment. It must be presumed based on the available evidence that the applicant enlisted and served his entire period under the year of birth of 1931. This should serve to clarify any questions or confusion regarding the difference in the year of birth recorded in his military record and to satisfy his desire to have his current year of birth...

  • ARMY | BCMR | CY2013 | 20130013417

    Original file (20130013417.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show a date of birth (DOB) of 4 February 1932. Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).

  • ARMY | BCMR | CY2015 | 20150004529

    Original file (20150004529.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant, the spouse of a deceased former service member (FSM), requests correction of the date of birth (DOB) shown on the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States). There are no documents in the available military personnel records that show his DOB as 12 May 1931.

  • ARMY | BCMR | CY2015 | 20150001514

    Original file (20150001514.txt) Auto-classification: Denied

    All the documents containing a date of birth in the applicant's reconstructed records list his year of birth as 1930. Item 10 (Date of Birth) of the applicant's DD Form 214 shows his year of birth as 1930. 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.

  • ARMY | BCMR | CY2008 | 20080014975

    Original file (20080014975.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his correct date of birth (DOB). The applicant's military records are not available to the Board for review.

  • ARMY | BCMR | CY2006 | 20060000065C070205

    Original file (20060000065C070205.doc) Auto-classification: Approved

    The applicant states, in effect, that the middle name and year of his birth that are recorded in his military service records are incorrect. The evidence of record shows that the applicant's place of birth is recorded in his military service records as "St. Mary's, Pennsylvania." However, the applicant's Notification of Birth Registration that is presented as evidence in this case shows that the applicant's place of birth was "Benzinger Township, Pennsylvania."

  • ARMY | BCMR | CY2012 | 20120007524

    Original file (20120007524.txt) Auto-classification: Denied

    The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty at Fort Sheridan, IL, on 10 January 1948. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his last name as "Colianne" and his DOB as "23 November 1930." In the absence of his military records or at least his enlistment document, it is presumed that the DOB shown on his DD Form 214 is correct.

  • ARMY | BCMR | CY2009 | 20090003047

    Original file (20090003047.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 2 June 2009 DOCKET NUMBER: AR20090003047 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) decision of 24 April 2001 by correction of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) by showing award of the Army Good Conduct Medal, showing he was a grade 4 sergeant (SGT) or technician fourth grade, and showing his date of birth (DOB)...

  • ARMY | BCMR | CY2014 | 20140005100

    Original file (20140005100.txt) Auto-classification: Approved

    The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records.