IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20120022945
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 6 May 1951.
2. The applicant states, in effect, his DD Form 214 shows his DOB as 5 May 1951. His correct DOB is 6 May 1951.
3. The applicant provides a certified copy of his birth certificate.
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 23 September 1971 and honorably retired in pay grade E-8 on 30 September 1995.
3. His DOB is shown as 5 May 1951 on his DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 23 September 1971, and this DOB was used exclusively throughout his career.
4. The certified copy of the birth certificate he provided shows his DOB as 6 May 1951.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant recorded his DOB as 5 May 1951 upon his enlistment and used this DOB throughout his military service.
2. 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. However, this Board action will be filed in his military records so a record of his DOB as shown on his birth certificate will be on hand.
3. In view of the above, the applicants 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 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) AR20120022945
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022945
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020545
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 22 September 1951. The evidence of record shows he used 22 September 1951 as his DOB throughout his entire period of service, and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB.
ARMY | BCMR | CY2010 | 20100013247
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) for the period ending on 21 June 1974 be corrected to show his date of birth (DOB) is 23 September 1951. The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB as 23 September 1951. The evidence of record also shows upon his second period of enlistment, he listed his DOB as 23 September 1948.
ARMY | BCMR | CY2014 | 20140002306
Application for correction of military records (with supporting documents provided, if any). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to...
ARMY | BCMR | CY2012 | 20120021998
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 recorded on his birth certificate. 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. This should serve to clarify any questions or...
ARMY | BCMR | CY2012 | 20120004310
The applicant requests correction to the date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant listed his DOB on his DD Form 398 and DD Form 47 as 12 August 1950. _______ _ _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 | CY2014 | 20140001313
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 March 1973 and DD Form 214 (Report of Separation from Active Duty) for the period ending 3 April 1979 to show his date of birth (DOB) as 20 April XXXX instead of 21 April XXXX. His DD Form 1966 (Application for Enlistment Armed Forces of the United States) shows his DOB as 21 April XXXX. The applicant provided a certified abstract of birth, filed...
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 | CY2015 | 20150003281
His military records show he was inducted into the Army of the United States on 1 March 1971 and his DOB is listed as 11 August 1951 on his DD Form 47 (Record of Induction). A DD Form 1584 (National Agency Check Request), dated March 1971, lists his DOB as 21 August 1951. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show the DOB listed on his birth certificate.
ARMY | BCMR | CY2013 | 20130001381
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show his date of birth (DOB) as 20 September 1951 instead of 20 September 1950. The following documents in his Military Personnel Records Jacket (MPRJ), signed by the applicant, show his DOB as 20 September 1950: * DD Forms 4 (Enlistment Contract Armed Forces of the United States), dated 4 February 1969, 12 June 1970, 14 March 1973, 22...
ARMY | BCMR | CY2008 | 20080013946
The applicant requests, in effect, correction of his social security number (SSN) and his date of birth (DOB) on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry "508-*2-02**" in item 3 (Social Security Number) on the applicants DD Form 214 , and b. showing the entry "9 Jul 51" in item 9 (Date of Birth) on the...