IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110018319
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), dated 18 September 1964, to show his date of birth (DOB) as 11 June 1943 instead of 5 June 1943.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his Certificate of Birth and DD Form 214.
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 U.S. Army Reserve (USAR) on 1 April 1964. His DD Form 4 (Enlistment Contract) shows he was born on 5 June 1943.
3. He was ordered to active duty for training effective 28 April 1964. He was released from active duty on 18 September 1964 and was transferred to the USAR to complete his remaining service obligation. His DD Form 214 shows 5 June 1943 as his DOB.
4. The applicant remained a member of the USAR through continuous reenlistments. He was placed on the Retired List on 5 June 2003.
5. Every document contained in the applicant's official military personnel file (OMPF) requiring the use of his DOB shows 5 June 1943 as his DOB.
6. He submits a copy of his Certificate of Birth and this document shows he was born on 11 June 1943.
7. Army Regulation 635-5 (Separation Documents) 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. The applicant's contentions have been noted and his supporting evidence has been considered.
2. There is no evidence contained in his OMPF that shows he was born on
11 June 1943. Every document contained in his record, including his record of enlistment shows he was born on 5 June 1943.
3. 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.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110018319
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018319
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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...
ARMY | BCMR | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
ARMY | BCMR | CY2013 | 20130009225
A review of his records shows his DOB was recorded as 4 December 1943 throughout his military service with two exceptions: * a DA Form 41 (Record of Emergency Data), dated 7 May 1964 and signed by the applicant, shows his DOB as "4 Dec 37" * a Standard Form 601 (Immunization Record) shows his DOB entered as "12 Apr 43" 4. He provided a birth certificate showing his DOB as 19 September 1944. The applicant's military service records show no evidence that he served under the DOB he claims is...
ARMY | BCMR | CY2011 | 20110013002
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his year of birth as 1946 instead of 1947. Every other document in the applicant's official military personnel file (OMPF) containing a DOB shows he was born in the year 1947.
ARMY | BCMR | CY2014 | 20140001814
The applicant requests correction of item 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1985 to show his DOB as 23 February 1943. 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. Although the birth...
ARMY | BCMR | CY2009 | 20090006806
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His enlistment document, which he authenticated, indicates his date of birth as 27 October 1943. Records available to the Board indicate the applicant used a date of birth of 27 October 1943 throughout his military service.
ARMY | BCMR | CY2012 | 20120001617
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 "5 December 1944" instead of "5 December 1964." His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty shows his DOB as "5 December 1944." The evidence of record shows the applicant listed his DOB as "5 December 1944" upon his enlistment in the RA as shown on his DD Form 4.
ARMY | BCMR | CY2009 | 20090002251
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that her separation document shows her DOB as 6 June 1964; however, her DOB is 24 June 1964. Records show that upon entry in the ARNGUS on 14 February 1983, enlistment in the USAR on 10 December 1984, and throughout the entire period of her military service, the applicant affirmed that her DOB is 24 June 1964.
ARMY | BCMR | CY2011 | 20110007827
The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his DOB as "2 Jun 42." Item 6 (DOB) of the DD Form 214 for this period of service shows the entry "2 Jun 43." Although the applicant's DD Form 47 listed his DOB as 2 June 1943 upon his induction, other than his DD Form 214 for the period ending 27 November 1963 all other documents contained in his official military records show his DOB as 2 June 1942.