IN THE CASE OF:
BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120013544
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, in effect, that his date of birth (DOB) shown on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states that his DD Form 214 shows his DOB is 11 November XXX7 and his actual DOB is 12 October XXX6.
3. The applicant provides copies of his DD Form 214 and a copy of his State of New Mexico Certificate of Live Birth.
CONSIDERATION OF EVIDENCE:
1. The applicant was inducted into the Army of the United States on 6 January 1967.
2. The applicant's Army Military Human Resources Record (AMHRR) contains a DD Form 47 (Record of Induction) that was completed on 12 October 1966, which shows in item 5 (DOB) 11 November XXX7.
3. His record contains a DA Form 20 (Enlisted Qualification Record), dated
12 January 1967, that shows in item 6 (DOB) 11 November XXX7.
4. On 28 January 1969, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (Annual Training). He completed a total of 2 years of creditable active duty service. The applicant's DD Form 214 shows in item 9 (DOB) 11 November XXX7.
5. The applicant submitted a copy of a State of New Mexico Certificate of Live Birth issued on 6 December 1946, which shows his DOB as 12 October XXX6.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. This Army regulation states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. (Item 9 - DOB) shows "self-explanatory."
7. 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. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contends that his DD Form 214 should be changed to reflect that his DOB is 12 October XXX6.
2. While it is understood that the applicant desires to have his DD Form 214 corrected to show 12 October XXX6, the DOB he now claims is his correct, the applicant was inducted into the Army using the DOB that is shown on his
DD Form 47. He continued to use this DOB throughout his military career. Therefore, it would not be appropriate to change his record at this late date.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
4. A copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion regarding his DOB as it relates to his military service.
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) AR20120013544
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120013544
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011809
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his social security number (SSN) as XXX-XX-XXX6 * his date of birth (DOB) as 4 November 1934 2. The applicant's DD Form 47 (Record of Induction), dated 24 June 1958, shows his DOB as 4 November 1934. Therefore, the evidence of record is sufficient to correct his DD Form 214 accordingly.
ARMY | BCMR | CY2013 | 20130012246
The applicant requests correction of his records to show his correct date of birth (DOB) and social security number (SSN). The applicant's DD Form 47 (Record of Induction) shows in item 5 (DOB): "18 Nov 1946." The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.
ARMY | BCMR | CY2011 | 20110006526
Application for correction of military records (with supporting documents provided, if any). The applicant states the SSN and DOB listed on his DD Form 214 should be corrected. The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 26 June 1968, upon his entry on active duty, lists his SSN using the number 3 as the last digit in item 1 (Name and SN), and lists his DOB as 23 Axxxxx xxx8 in item 6 (DOB).
ARMY | BCMR | CY2012 | 20120005025
The applicant requests correction of his record to show his correct date of birth (DOB). The applicant's military records are not available to the Board for review. The applicant contends his DD Form 214 should be corrected to show his correct DOB as 10 June xxx7, which is the date that is reflected on his birth certificate.
ARMY | BCMR | CY2012 | 20120007981
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB). During the applicant's induction processing the following documents were completed showing his DOB as 20 November 1947: * Standard Form 88 (Report of Medical Examination), dated 10 November 1966 * DD Form 47 (Record of Induction), initially dated 18 November 1966 and last dated on 28 September 1967 * DD Form 398 (Statement of...
ARMY | BCMR | CY2013 | 20130006110
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 27 October 1947. The record of evidence shows he was inducted and served using 28 October 1947 as his DOB. ABCMR Record of Proceedings (cont) AR20130006110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
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 | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
ARMY | BCMR | CY2013 | 20130016409
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge and Report of Separation from Active Duty) to show his date of birth (DOB) as XX August 1939 vice XX February 1938. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as XX February 1938.
ARMY | BCMR | CY2012 | 20120005589
All orders and other documents on file in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that contain a DOB list his DOB as 21 November 1940. The applicant's request to correct the DOB listed in his military record and on his DD Form 214 has been carefully considered. However, the evidence of record confirms the applicant enlisted, served, and he was separated under the DOB of 21 November 1940, which is the DOB...