IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120010431
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 Active Duty) to show his date of birth (DOB) as shown on his birth certificate.
2. He states:
a. this error was probably made at the Federal Building in Newark, NJ or at Fort Dix, NJ or during his time in Vietnam.
b. he needs to get his driver's license.
c. he's had the wrong birth date for many years and can't continue any longer.
3. He provides his DD Form 214, birth certificate, and photocopies of social security card, Stand Down 2001 veteran identification (ID) card, civilian ID card, and New England Shelter for Homeless Veterans client card.
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 enlisted in the Regular Army on 15 October 1971. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) and Standard Form 88 (Report of Medical Examination) indicate his DOB as 19 December 1948.
3. A review of the documents in his service record consistently shows his DOB as 19 December 1948 throughout his tenure of service. His service record does not contain any documents that show his DOB as 19 December 1952.
4. He was released from active duty on 15 January 1974. His DD Form 214 shows his DOB as 19 December 1948.
5. He provided the following documents which indicate:
* birth certificate, his DOB as 19 December 1952
* Stand Down 2001 veteran ID card, his DOB as 19 December 1953
* Massachusetts ID card, his DOB as 19 December 1953
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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. 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 have the requested DOB recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicant's birth certificate shows his DOB as 19 December 1952, the documents in his military personnel records consistently show his DOB as 19 December 1948 throughout his tenure of service.
3. The applicant is advised that a copy of this decisional document which confirms his requested DOB will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as Official Military Personnel File (OMPF)). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military records and to satisfy his desire to have the requested DOB documented in his AMHRR.
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) AR20120010431
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010431
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019330
The applicant requests correction of his records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. The applicant's DD Form 214 shows the DOB that he claimed at the time he entered active duty.
ARMY | BCMR | CY2014 | 20140000775
The applicant states his DOB is wrong on his DD Form 214. The evidence of record confirms the applicant's DOB was listed as 15 November 1952 upon his enlistment in the PRARNG and his entry on active duty. _________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 | CY2012 | 20120021595
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * SSN as "xxx-96-x5xx" instead of "xxx-21-x1xx" * DOB as 4 September 1953 instead of 24 December 1958 2. 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. Although the...
ARMY | BCMR | CY2013 | 20130005684
His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his DOB as XX May 1951. The evidence of records confirms that upon the applicant's enlistment in the Army, he listed his DOB as XX May 1951. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)).
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 | CY2005 | 20050000690C070206
The applicant requests that his records be corrected to show his correct date of discharge, date of entry into active service, and date of birth (DOB). It is reasonable to assume that if the applicant's date of discharge was 26 July 1953 and he served 3 years on active duty on this enlistment, that his date of entry was 27 July 1950. At the time of the creation of the applicant's military records, the applicant was using 28 August 1926 as his date of birth.
ARMY | BCMR | CY2013 | 20130007203
The applicant requests correction of the date of birth (DOB) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "12 October 1950." There are no records showing he used the DOB he now contends is correct. The applicant is advised that a copy of this decisional document will be filed in his Army Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).
ARMY | BCMR | CY2013 | 20130008437
The applicant requests correction of his DD Forms 214 (Enlisted Record and Report of Separation) to show the correct spelling of his name is XXXXicio instead of XXXXico. The applicant provides: * Certificate of Birth * DD Forms 214, dated 6 April 1949 and 20 June 1952 CONSIDERATION OF EVIDENCE: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.
ARMY | BCMR | CY2013 | 20130006404
The applicant requests correction of the record of her deceased father, a former service member (FSM), to show his correct date of birth (DOB). The applicant states, in effect: a. the FSM's record should be corrected to show the DOB listed on his birth certificate, which is "September 1929" instead of "September 1930"; b. her father passed away on 16 February 2013 and he was buried at the Hawaii State Veterans Cemetery in Kaneohe, Hawaii, on 5 March 2013; and c. a representative at the...
ARMY | BCMR | CY2012 | 20120007917
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 1 December 1933 vice 1 October 1932. The applicant's military records are not available to the Board for review. _______ _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.