IN THE CASE OF:
BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120008488
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 record to show his correct date of birth (DOB).
2. The applicant states:
a. throughout his childhood his birthday was always celebrated with another family member's birthday which was on the 18th of August because his parents thought it was more economical to do so;
b. unfortunately and spontaneously he has likewise mistakenly listed his birthday as the 18th instead of the 19th; and
c. he is now in the process of correcting his birthday on all former previously prepared documents.
3. The applicant provides:
* Certificate of Birth
* 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's Army Military Human Resource Record (AMHRR) contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) prepared during the enlistment process on 28 January 1969. Item 21 (DOB) contains the entry "18 AUG 49."
3. On 28 January 1969, the applicant enlisted in the Regular Army. He was trained in and awarded military occupational specialty 43E (Parachute Rigger).
4. The DA Form 20 (Enlisted Qualification Record) completed upon his entry on active duty contains the entry "18 Aug 49" in item 6 (DOB). All of the documents contained in the applicant's AMHRR that include his DOB list it as 18 August 1949. There are no documents or records in his OMPF that list his DOB differently.
5. On 7 September 1971, the applicant was honorably released from active duty having completed 2 years, 7 months, and 10 days of creditable active duty service. The DD Form 214 issued at that time contains the entry "18 AUG 49" in item 9.
6. The applicant provides a Certificate of Birth issued on 8 June 1995 that lists his DOB as 19 August 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his correct DOB as 19 August 1949.
2. The available evidence of record shows he served using the DOB of
18 August 1949.
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 record. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in those records.
5. In view of the foregoing, there is an insufficient evidentiary 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:
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) AR20120008488
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008488
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004428
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his DOB as 9 July 1949. 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. The applicant is advised that a copy of this decisional...
ARMY | BCMR | CY2013 | 20130012629
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his DOB as 13 October 1949. 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. All of his service personnel records show his DOB as...
ARMY | BCMR | CY2010 | 20100021555
The applicant requests reconsideration of his request for 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 2 June 1949 instead of 6 June 1949. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry "2 June 1949." ____________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...
ARMY | BCMR | CY2012 | 20120000605
Application for correction of military records (with supporting documents provided, if any). This regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The evidence of record shows the applicant listed his DOB as 22 November 1949 upon enlistment in the Regular Army.
ARMY | BCMR | CY2012 | 20120004434
Application for correction of military records (with supporting documents provided, if any). 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 17 October 1949 instead of 18 October 1949. The evidence of record shows that upon his induction into the Army of the United States, the applicant listed his DOB as 18 October 1949.
ARMY | BCMR | CY2014 | 20140003227
Application for correction of military records (with supporting documents provided, if any). The applicant's record contains a DD Form 47 (Record of Induction) that lists his DOB as 25 January 1949. _______ _ __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 | CY2013 | 20130012607
Application for correction of military records (with supporting documents provided, if any). The applicant states: * Army records show his DOB as 29 April 1949 * his correct DOB is 7 May 1949 3. _______ _ __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 | 20080004969
The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. He is, therefore, entitled to correction of his records to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry "17 Mar 49" in item 9 (Date of Birth) of his DD Form 214; and b. awarding the applicant the Combat Infantryman Badge; the Good Conduct Medal, for the period 28 June 1968 to 17 June 1969; one...
ARMY | BCMR | CY2013 | 20130009707
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. The applicant's military service records show he served exclusively under the DOB that is entered on his DD Form 214. ABCMR Record of Proceedings (cont) AR20130009707 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2011 | 20110004801
The applicant's service records show: * a DD Form 47 (Record of Induction) shows his DOB as 7 June 1949 * a DD Form 398 (Statement of Personal History) which he completed during his induction processing shows his DOB as 7 June 1949 * item 9 (DOB) of his DD Form 214 shows the DOB 6 July 1949 5. The applicant has requested correction of his DD Form 214 to show the DOB 6 June 1949 (sic). His records show his DOB was correctly recorded as 7 June 1949 when he entered military service, but when...