IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120010638
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 military records to show his year of birth as 1948.
2. The applicant did not provide a reason for his request.
3. The applicant provides a Commonwealth of Virginia, Certification of Vital Record.
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 13 October 1966, the applicant underwent a medical examination for the purpose of enlistment in the Regular Army. The Report of Medical Examination shows his year of birth as 1947.
3. He enlisted in the Regular Army (RA) on 18 October 1966. His DD Form
4 (Enlistment Contract) shows his year of birth as 1947.
4. He was released from active duty on 25 September 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows his year of birth as 1947.
5. He reenlisted in the RA on 5 February 1971. His DD Form 4 for this enlistment shows his year of birth as 1947.
6. He continued his service in the RA throughout a series of reenlistments until he was retired for length of service on 30 November 1988. All of his DD Forms 4 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1988 show his year of birth as 1947.
7. There is no evidence in his military records showing he ever listed his year of birth as 1948.
8. He provided a Commonwealth of Virginia Certification of Vital Record that shows his year of birth as 1948.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military records should be corrected to show his year of birth as 1948 has been carefully reviewed.
2. The evidence of record shows he entered the military and listed his year of birth as 1947 throughout his entire military career.
3. 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, this Board is reluctant to recommend these records be changed.
4. While his desire to have the year of birth shown on his Certificate of Vital Record recorded on his military records is understandable, there is not a compelling reason for compromising the integrity of the Army's records at this late date.
5. He is advised that a copy of this Record of Proceedings will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion regarding the difference in the year of birth recorded in his military records and to satisfy his desire to have the year of birth he now claims is correct 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) AR20120010638
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010638
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013679
His record shows he was inducted into the Army of the United States on 27 October 1966. The evidence the applicant submitted is not sufficient to show an error exists for changing his DD Form 214. ABCMR Record of Proceedings (cont) AR20110013679 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013679 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120005053
The applicants Military Personnel Records Jacket (MPRJ) contains a DA Form 3027 U.S. Army Request for National Agency Check), dated 2 November 1966, which also lists his DOB as 25 May 1947 in item 5 (Day, Month, Year of Birth) and his POB as Charleston, West Virginia in item 6 (Place of Birth). Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered...
ARMY | BCMR | CY2010 | 20100018233
The applicant states his birth certificate shows his year of birth as 1947. The applicant's birth certificate shows he was born in 1947. There is no record of what document was used to verify his DOB at the time of induction.
ARMY | BCMR | CY2012 | 20120012894
ARMY | BCMR | CY2011 | 20110020948
IN THE CASE OF: BOARD DATE: 17 April 2012 DOCKET NUMBER: AR20110020948 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's new birth certificate shows he was born in 1947. There is no record of what document was used to verify his DOB at the time of induction.
ARMY | BCMR | CY2011 | 20110018392
The applicant requests correction of his record to show his birth year as 1948. A review of the applicant's OMPF shows 1947 as his birth year of record throughout his military service. ___________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 | 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 | CY2012 | 20120022684
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. His records contain the following documents that show his date of birth as "8 December 1947": * DD Form 398 (Statement of Personal History), dated 31 August 1966 * DD Form 47 (Record of Induction), dated 7 September 1966 * DA Form 3027 (U.S. Army Records for National Agency Check), dated 29 October 1966 * DA Form...
ARMY | BCMR | CY2014 | 20140019948
The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) to show his father was separated from active duty in the rank of corporal versus private first class (PFC). The FSM'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...
ARMY | BCMR | CY2010 | 20100012304
Application for correction of military records (with supporting documents provided, if any). The military documents that are on file in his official military personnel file (OMPF) show that the applicant served and was released from the Army under the middle name of Richard. There is no evidence in his service personnel records to show he specifies he wanted to use the middle names shown on his birth certificate while he served on active duty in the Army.