BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006122
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) to show his date of birth (DOB) as 10 January 1948.
2. The applicant states his DD Form 214 incorrectly reflects his DOB as 30 January 1946.
3. The applicant provides copies of his DD Form 214 and birth certificate.
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 14 February 1969. At the time of his induction he indicated on all of the documents in his records that contain his handwriting that his DOB was 30 January 1946.
3. He completed basic training at Fort Bragg, North Carolina, and advanced individual training as an infantry direct fire crewman at Fort Dix, New Jersey, before being transferred to Vietnam on 14 August 1969.
4. He was wounded in action on 13 September 1969. On 14 October 1969, he departed Vietnam and was transferred to Hawaii where he remained until he was transferred to Oakland Army Base, California, where he was honorably released from active duty on 29 November 1970 to attend school. He completed 1 year, 9 months, and 16 days of active service. His DD Form 214 shows his DOB as 30 January 1946, the same date that is reflected throughout his records.
5. The birth certificate provided by the applicant reflects his DOB as 10 January 1948.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. It must be presumed based on the available evidence that the applicant was inducted and served his entire period under the DOB of 30 January 1946. He has offered no explanation as to why he served under a DOB other than that which is listed on his certificate of birth.
2. 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. While it is understandable the applicant desires to now change his DOB 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. The applicant is advised that a copy of this decisional document which confirms the DOB he is currently using will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have his current DOB documented in his official military records. Accordingly, there is no 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:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20120006122
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120006122
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003894
The applicant requests that his military records be corrected to show his year of birth as 1948. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. ____________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 | CY2009 | 20090007282
BOARD DATE: 6 October 2009 DOCKET NUMBER: AR20090007282 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's records to show his date of birth as 16 July 1949. ABCMR Record of Proceedings (cont) AR20090007282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090007282 2 ARMY BOARD FOR...
ARMY | BCMR | CY2014 | 20140010187
ARMY | BCMR | CY2010 | 20100017935
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his date of birth (DOB) is 22 July 1946. All records at the time of his induction indicate that his DOB was 21 July 1947. While it is understood why the applicant desires the change to be made, the Army has an interest in maintaining the integrity of its records and all of the records show that he served using a DOB of 21 July 1947.
ARMY | BCMR | CY2010 | 20100011702
Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to reflect his date of birth (DOB) as 11 October 1948 and to reflect his period of service in the Republic of Vietnam (RVN) as 5 January 1970 through 8 January 1971. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.
ARMY | BCMR | CY2013 | 20130018417
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. His DD Form 47 (Record of Induction) shows his DOB as XX April 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show the DOB listed on...
ARMY | BCMR | CY2013 | 20130013528
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-5016 and his date of birth (DOB) as 27 November 1948. While it is understandable the applicant desires to now change his SSN and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Therefore, the Board requests that ARBA CMD...
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 | CY2010 | 20100027445
Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 26 August 1946. His service records contain various forms, including a record of emergency data, which listed his DOB as 26 August 1946. __________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 | CY2007 | 20070015785
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070015785 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his date of birth on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected. All documents in his records, to include his DD Form 47 (Record of...