IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017932
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 records to show his year of birth (YOB) as 1947.
2. The applicant states his birth certificate could not be located at the time of his enlistment.
3. The applicant provides copies of his birth certificate from the State of North Carolina showing he was born in 1947 and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 February 1971.
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. The applicant was inducted into the Army of the United States on 7 February 1968. He was discharged for the purpose of immediate enlistment on 11 February 1968 and enlisted in the Regular Army on 12 February 1968.
3. His record contains the following documents that reflect his YOB as 1948:
* DD Form 47 (Record of Induction)
* DA Form 428 (Application for Identification Card)
* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending 12 February 1968 [sic]
* DD Form 214 for the period ending 11 February 1971
4. His record does not contain any documents with the YOB he now claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The YOB of 1948 was recorded consistently throughout his period of active 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. 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 correct his YOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's requested relief.
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) AR20110017932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110016633
Application for correction of military records (with supporting documents provided, if any). His official military personnel file (OMPF) contains the following documents that show his DOB as 30 December 1947: * Standard Form 89 (Report of Medical History), dated 8 September 1967 * DD Form 47 (Record of Induction), dated 21 August 1967 * DA Form 20 (Enlisted Qualification Record), prepared upon his entry on active duty * DA Form 428 (Application for Identification Card), dated 16 February...
ARMY | BCMR | CY2008 | 20080007106
The applicant requests that his date of birth (DOB) be changed from 26 March 1948 to 23 July 1947. Although the applicants birth certificate shows his DOB is 23 July 1947, there are various documents in his personnel record which indicate his DOB as 26 March 1948. _______ _ xxxx____ ___ 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 | 20100020294
The applicant states, in effect, he was born on 18 February 1948, but his DD Form 214 shows a DOB of 8 February 1947. When he was separated, the applicant's DD Form 214 should have shown his DOB as 18 February 1947 based on all evidence in his service record; however, an administrative error was made and his DOB was reflected as 8 February 1947. Therefore, it would be appropriate to correct the applicant's DD Form 214, but only as indicated below.
ARMY | BCMR | CY2012 | 20120010638
The applicant requests correction of his military records to show his year of birth as 1948. There is no evidence in his military records showing he ever listed his year of birth as 1948. ABCMR Record of Proceedings (cont) AR20120010638 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010638 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110020948
IN THE CASE OF: BOARD DATE: 17 April 2012 DOCKET NUMBER: AR20110020948 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's new birth certificate shows he was born in 1947. There is no record of what document was used to verify his DOB at the time of induction.
ARMY | BCMR | CY2011 | 20110011175
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * date of birth as 3 August 1948 instead of 8 August 1948 * military occupational specialty (MOS) as 05C2O * award of the Combat Infantryman Badge (CIB) * award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 2. Army Regulation 672-5-1 (Awards) provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a...
ARMY | BCMR | CY2010 | 20100018233
The applicant states his birth certificate shows his year of birth as 1947. The applicant's birth certificate shows he was born in 1947. There is no record of what document was used to verify his DOB at the time of induction.
ARMY | BCMR | CY2010 | 20100011963
The applicant, the sister of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 14 August 1948. DD Form 398 (Statement of Personal History), dated 1 August 1969 and signed by the FSM, shows his date of birth as 27 March 1949. ___________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2015 | 20150000816
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his two DD Form 214s (Certificate of Release or Discharge from Active Duty) be corrected to show his correct year of birth (YOB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214s dated 19 February 1994 and 14 March 2006 that his correct YOB in item 5 is 1968 instead of 1969.
ARMY | BCMR | CY2010 | 20100023872
The applicant requests, in effect, his military records and item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 May 1991 be corrected to show he was born on 21 December 1948. The applicant provides: * DD Form 214 for the period ending 13 May 1991 * Email, dated 3 March 2010, from the Alabama Army National Guard * Amended birth certificate * Birth certificate * DD Form 214 for the period ending 4 March 1971 * NGB [National...