IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120001540
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 item 4 (Date of Birth (DOB)) on his
DD Form 214 (Report of Separation from Active Duty) to show the year in which he was born as "57" instead of "56."
2. The applicant states he was actually born in the year 1957 and a clerical error was made on his DD form 214.
3. The applicant provides his Certification of Birth.
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. On 21 January 1974, the applicant underwent a medical examination for the purpose of enlisting in the Regular Army (RA). His Standard Form 88 (Report of Medical Examination) shows his DOB as 19 January 1957.
3. The applicant enlisted in the RA with parental consent on 4 March 1974. His DD Form 373 (Consent, Declaration of Parent or Legal Guardian) and his
DD Form 4 (Enlistment Contract) show his DOB as 19 January 1956. At the time of his enlistment, he completed a DD Form 398 (Statement of Personal History) indicating that his DOB is 19 January 1956.
4. The applicant's official military record contains a DD Form 372 (Application for Verification of Birth), dated 26 February 1974, which shows his DOB as 19 January 1956.
5. Except for the Standard Form 88 that was completed on 21 January 1974, all other documentation contained in the applicant's official record requiring the use of his DOB shows 19 January 1956 as his DOB.
6. After completing 8 months and 18 days of net active service this period, the applicant was discharged under honorable conditions on 21 November 1974. Item 3 on his DD Form 214 shows his DOB as 19 January 1956.
7. He provided his Certification of Birth issued on 16 February 1983 that shows 19 January 1957 as his DOB. The file number on the Certification of Birth does not match the Birth Certificate file number shown in his official record.
8. 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 and states the DD Form 214 is a synopsis of the Soldier's 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. At the time of the applicants enlistment, he completed a DD Form 398 stating that his DOB was 19 January 1956. Except for the Standard Form 88 that was completed on 21 January 1974, prior to his enlistment, all other documentation contained in his official record requiring the use of his DOB shows 19 January 1956 as his DOB.
2. The applicant used 19 January 1956 as his DOB throughout his Army service and it was annotated on his DD Form 214. The file number on his Certification of Birth he submits does not match the Certificate of Birth file number shown in his official record.
3. While his desire to have his DD Form 214 reflect the DOB shown on the Certification of Birth he submits is understandable, there is no basis for compromising the integrity of the Army's records. For historical purposes, the Army has an interest in maintaining the integrity 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.
4. In view of the foregoing, 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 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) AR20120001540
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001540
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130010994
The applicant requests correction of the date of birth (DOB) entered on his DD Form 214 (Report of Separation from Active Duty) for the period ending 7 March 1975. On 20 March 1967, he signed a DD Form 398 (Statement of Personal History) certifying the information he had provided on the form was correct. DISCUSSION AND CONCLUSIONS: The evidence shows that over the course of the applicant's military service three dates were recorded as his DOB.
ARMY | BCMR | CY2010 | 20100008897
On 14 July 1976, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an undesirable discharge. These proceedings will be filed in his military records as a record of the DOB he is currently using. The evidence of record does not indicate the actions taken in his case were in error or unjust, therefore, there is no basis for granting the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2011 | 20110012722
The applicant requests correction of his date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). Item 4 (DOB) of the DD Form 214 issued at that time shows his DOB as 25 March 1956. DISCUSSION AND CONCLUSIONS: The record shows the applicant's DOB was correctly recorded as 26 March 1956 when he entered military service, but an error was made when the DOB was entered on his DD Form 214.
ARMY | BCMR | CY2014 | 20140009294
Application for correction of military records (with supporting documents provided, if any). The consent form she signed stated his birth certificate was used to verify his DOB and his DOB was 12 April 1939. However, his DD Form 47, dated 13 October 1959 and all subsequent documents, excepting his DD Form 214, show his DOB as 16 November 1940, and he signed many of those documents indicating his DOB was correct.
ARMY | BCMR | CY2011 | 20110021001
The applicant's military record shows he served honorably in the Regular Army (RA) from 6 March 1956 to 4 March 1959. The DD Form 214 he was issued shows his year of birth as 1938. The DD Form 214 that he was issued shows his year of birth as 1938.
ARMY | BCMR | CY2009 | 20090005603
Application for correction of military records (with supporting documents provided, if any). His Standard Form 88 (Report of Medical Examination), dated 20 February 1956, shows his DOB as "18 January 1937." The evidence of record shows that upon his enlistment and entry on active duty, the applicant listed his DOB as "18 February 1937."
ARMY | BCMR | CY2001 | 2001063562C070421
This form lists his DOB as 5 June 1954, his SSN as 331-XX-XXXX, and his period of military service as 1969-1972. The applicant's record contains two copies of the applicant's Enlistment Contract (DD Form 4) dated 20 June 1971. The applicant has provided no documentation that he had any period of service other than that which is listed on his DD Form 214.
ARMY | BCMR | CY2008 | 20080015620
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his date of birth (DOB) be corrected from "56/08/09" (9 August 1956) to "56/09/08" (8 September 1956) on his separation document, DD Form 214, for the period ending on 21 December 1974. _______ _ 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 | CY2011 | 20110021114
His DD Form 4 (Enlistment Record - United States Army) shows his DOB as 1 August 1936. His DD Form 4 for this enlistment shows his DOB as 1 August 1934. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 30 September 1956 to show his DOB as 1 August 1936.
ARMY | BCMR | CY2012 | 20120003059
IN THE CASE OF: BOARD DATE: 7 August 2012 DOCKET NUMBER: AR20120003059 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant, on behalf of her deceased spouse, a former service member (FSM), requests correction of the FSMs DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "187-xx-xxxx" vice "178-xx-xxxx." Although the FSM's SSN appears as both "178-xx-xxxx" and "187-xx-xxxx" in his military personnel...