IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020948
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 reconsideration of the Board's denial of his previous request that his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show he was born in 1947 instead of 1948.
2. He states his birth certificate shows his year of birth as 1947.
3. He provides a new (recently issued) birth certificate.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018233, on 20 January 2011.
2. He was inducted into the Army of the United States on 25 September 1968.
3. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows he was born in 1948.
4. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows he was born in 1948.
5. On 18 September 1970, he was released from active duty. Item 9 (DOB) of his DD Form 214 shows he was born in 1948.
6. The applicant provided a new birth certificate issued by the Department of Health, Government of Puerto Rico on 28 February 2011 which shows he was born in 1947.
7. Army Regulation 601-210 (Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army), then in effect, stated the age of all applicants would be verified through the submission by the applicant of a birth certificate or statements from the State Registrar of Vital Statistics, or other similar state official. If no record was available, age could also be verified through a baptismal record or a sworn statement of one or both parents or legal guardian supported by school records from first school attended or certificates from the physician in attendance at birth.
8. The government of Puerto Rico enacted a new birth certificate law (Law 191 of 2009, amended June 2010) to strengthen the issuance and usage of birth certificates, to combat fraud and protect the identity and credit of all people born in Puerto Rico. Starting 1 July 2010, the Puerto Rico Department of Health began issuing new, more secure birth certificates through the Vital Statistics Record Office.
DISCUSSION AND CONCLUSIONS:
1. The applicant's new birth certificate shows he was born in 1947.
2. His DD Form 47, DA Form 20, and DD Form 214 all show his year of birth as 1948. There is no record of what document was used to verify his DOB at the time of induction.
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. 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. This Record of Proceedings, along with his application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that might arise regarding the difference in his DOB. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served.
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 to amend the decision of the ABCMR set forth in Docket Number AR20100018233, dated 20 January 2011.
_______ _ _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) AR20110020948
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020948
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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 | CY2010 | 20100016712
The applicant requests his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 April 1970 be changed to 30 August 1948 instead of 31 August 1948. His DD Form 398, that was completed and signed by him, shows his DOB as 31 August 1948. ABCMR Record of Proceedings (cont) AR20100016712 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016712 2 ARMY...
ARMY | BCMR | CY2011 | 20110013679
His record shows he was inducted into the Army of the United States on 27 October 1966. The evidence the applicant submitted is not sufficient to show an error exists for changing his DD Form 214. ABCMR Record of Proceedings (cont) AR20110013679 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013679 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
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 | 20120005053
The applicants Military Personnel Records Jacket (MPRJ) contains a DA Form 3027 U.S. Army Request for National Agency Check), dated 2 November 1966, which also lists his DOB as 25 May 1947 in item 5 (Day, Month, Year of Birth) and his POB as Charleston, West Virginia in item 6 (Place of Birth). Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered...
ARMY | BCMR | CY2001 | 2001061928C070421
APPLICANT REQUESTS: That his records be corrected to show his name as Robert R___, not Roberto R___-R___. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: Although the applicant’s birth certificate records his name as Robert R___, he enlisted in the Puerto Rico Army National Guard under the name Roberto R___-R___.
ARMY | BCMR | CY2013 | 20130004666
All documentation in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), containing a DOB shows his DOB as 13 July 1948. At the time of the applicants induction, he completed a DD Form 398 stating his DOB was 13 July 1948. All other documentation contained in his AMHRR requiring the use of his DOB shows his DOB as 13 July 1948.
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 | 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.