IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007903
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 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 18 October instead of 18 September.
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides:
* birth certificate issued 31 August 2011
* DD Form 214 effective 9 July 1954
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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty at Fort Buchanan, PR, on 30 July 1952. A copy of his induction record is not available for review with this case.
4. The applicant's DD Form 214 also shows at the time of his separation he held military occupational specialty 1745 (Light Weapons Infantry) and his most significant assignment was with the 44th Reconnaissance Company, Fort Lewis, WA. He completed 1 year, 11 months, and 10 days of creditable active service.
5. He underwent a separation physical at Fort Buchanan, PR, on 8 July 1954. His Standard Form 88 (Report of Medical Examination) listed his DOB as 18 September 19XX.
6. He was honorably released from active duty on 9 July 1954 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.
7. Item 10 (Date of Birth) of his DD Form 214 shows the entry "18 Sep XX."
8. He submitted a copy of his birth certificate that shows his DOB as 18 October 19XX.
9. 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 an individual's service as it exists on the date of release from active duty or discharge. It is important that the information listed on this form is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment record is not available for review with this case. It is unclear what DOB he used upon entering active duty. However, his reconstructed record contains a copy of a duly-constituted DD Form 214 that shows his DOB as "18 September 19XX." In the absence of his military records or at least his enlistment document, it is presumed that the DOB shown on his DD Form 214 is correct.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
3. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the different DOB he claims is correct. 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 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) AR20120007903
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007903
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023827
Application for correction of military records (with supporting documents provided, if any). This available records contain a Certification of Military Service issued on 23 July 1981. This form includes his dates of service and characterization of service but does not list his DOB.
ARMY | BCMR | CY2012 | 20120002891
The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a DD Form 214 that shows his first name as "Nathaniel" and his DOB as 26 Jxxx 19xx. _______ _ _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 | CY2008 | 20080010362
The applicant requests correction of his date of birth (DOB) on his WD AGO Form 53-55 (Enlisted Records and Report of Separation) from 21 February 1921 to 23 May 1922. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his DOB as 21 February 1921. The evidence of record shows that the applicant used 21 February 1921 as his DOB throughout his military service.
ARMY | BCMR | CY2013 | 20130008796
Application for correction of military records (with supporting documents provided, if any). The applicant's complete military records are not available to the Board for review. Neither his DD Form 398 (Statement of Personal History) nor his DD Form 47 (Record of Induction) is available for review.
ARMY | BCMR | CY2013 | 20130008442
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * DD Form 214 * Birth Record * Certificate of Baptism CONSIDERATION OF EVIDENCE: 1. 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. The applicants military records are not...
ARMY | BCMR | CY2014 | 20140001898
The applicant's complete military records are not available to the Board for review. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
ARMY | BCMR | CY2013 | 20130021018
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 28 vice 25 December. The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a duly-constituted DD Form 214 that shows his DOB as "25 December 19XX."
ARMY | BCMR | CY2011 | 20110015532
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) as 11 August 19XX. He provides his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), a cover letter from the National Personnel Records Center, his WD AGO Form 100 (Army of the United States Separation Qualification Record), his driver's license, and a birth certificate. The applicant's...
ARMY | BCMR | CY2014 | 20140002193
The applicant's complete military records are not available to the Board for review. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. In the absence of his military records or at least his induction document, it is presumed that the DOB shown on his DD Form 214 is correct.
ARMY | BCMR | CY2014 | 20140011885
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) as 22 June 19XX instead of 21 June 19XX. The applicant's complete military records are not available to the Board for review. Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.