IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120011482
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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth as shown on his birth certificate.
2. The applicant states he is again asking for a corrected DD Form 214 to reflect his actual date of birth. He contends that he is a senior citizen who is eligible for senior housing, medical assistance, and other government programs and does not want his conflicting date of birth to cause him to be denied any benefits.
3. The applicant provides a copy of the birth certificate previously provided.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110011511 on 1 December 2011.
2. The applicant provides a new argument that warrants consideration by the Board.
3. In the original Record of Proceedings the Board informed the applicant that his records were no longer available and they may have been burned in the 1973 fire at the National Personnel Records Center. Therefore, the Board could not verify that the applicant had entered the military service using a date of birth of 11 September 1933 as shown on his birth certificate or the date of birth of 14 August 1932 as shown on his DD Form 214. The Board explained the Army's interest in maintaining the accuracy of its records and advised the applicant that the original Record of Proceedings would be filed in his reconstructed military personnel file.
4. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he is again asking for a corrected DD Form 214 to reflect his actual date of birth. He contends that he is a senior citizen who is eligible for senior housing, medical assistance, and other government programs and does not want his conflicting date of birth to cause him to be denied any of the benefits.
2. The purpose of the DD Form 214 is to provide a summary of a Soldier's record of active duty service at the time of release from active duty, retirement, or discharge.
3. In the applicant's case, it is unfortunate that his military records are no longer available for review and that a definitive determination cannot be made as to the date of birth the applicant used during his military service. However, the original Record of Proceedings and this reconsideration should provide him with sufficient documentation to explain any questions that may arise from the date of birth shown on his DD Form 214.
4. In view of the above, the applicant's request should be denied.
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 to amend the decision of the ABCMR set forth in Docket Number AR20110011511, dated 1 December 2011.
_______ _ 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) AR20120011482
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ABCMR Record of Proceedings (cont) AR20120011482
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