IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110017992
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 3 December 1944 instead of 3 December 1942.
2. The applicant states the year of his birth date is wrong and it should be changed from 1942 to 1944. He continues that a mistake was made when he enlisted in the Army.
3. He provides his:
* DD Form 214 for the period ending 19 September 1968
* State of Kentucky Certificate of Live Birth, issued on 3 October 1984
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 was inducted into the Army of the United States on 9 November 1966. He successfully completed training and he was awarded military occupational specialty 94B (Cook). On 19 September 1968, he was honorably discharged by reason of physical disability with severance pay.
3. Item 9 (DOB) of his DD Form 214 he was issued at the time shows the entry "3 DEC 42" indicating his DOB as 3 December 1942.
4. Review of his Official Military Personnel File (OMPF) revealed that all documents in his record requiring a DOB entry shows his DOB as
3 December 1942. 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 State of Kentucky Certificate of Live Birth, issued on 3 October 1984, that shows his DOB as 3 December 1944.
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 3 December 1944 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 3 December 1942. 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 identifies your requested DOB as 3 December 1944, 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.
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) AR20110010832
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017992
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110006108
The applicant requests that records be corrected to reflect his correct date of birth (DOB) of 21 April 1943. The applicant states that his records incorrectly reflect that his DOB is 21 April 1942; however, his DOB is 21 April 1943. The evidence of record shows the applicant's DOB from the time of his enlistment until his retirement was 21 April 1942.
ARMY | BCMR | CY2012 | 20120003041
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) is 6 August xxxx. _______ _ _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 | 20100019077
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 change his date of birth (DOB) from "10 April 1944" to "10 March 1944." He 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 Official Military Personnel...
ARMY | BCMR | CY2013 | 20130011547
Application for correction of military records (with supporting documents provided, if any). The applicant states his military records should reflect his actual DOB. The evidence of record shows he listed 18 March 1942 as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB.
ARMY | BCMR | CY2012 | 20120006303
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 47 (Induction Record) and various other documents in his official military personnel file (OMPF) list his DOB as 2 October 1946. He did not use the DOB that he now requests to be documented in his records.
ARMY | BCMR | CY2012 | 20120003096
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The evidence of record shows he listed 15 January 1942 as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2009 | 20090007417
On 12 February 1973, he enlisted in the RA for 3 years, using the same date of birth. The applicant served in the RA and he was retired with more than 20 years of active service. 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 Official Military Personnel File (OMPF).
ARMY | BCMR | CY2011 | 20110010864
The applicant requests correction of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as "12 November 1943" vice "1 November 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. ABCMR Record of Proceedings (cont) AR20110010864 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2014 | 20140012958
IN THE CASE OF: BOARD DATE: 12 March 2015 DOCKET NUMBER: AR20140012958 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his month of birth as September. The applicant's military records are not available for review.
ARMY | BCMR | CY2011 | 20110007904
There is no evidence in the FSM's OMPF showing he recorded his DOB as 17 January 1942 or 6 July 1947. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's DD Form 214 to show the spelling of his first name as shown on his Record of Induction. As a result, the Board recommends denial of so much of the application that pertains to correcting the FSM's DD Form 214 to show his DOB as 17 January 1942.