IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002608
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 25 February xxxx, versus 24 February xxxx.
2. The applicant states his DOB should be 25 February xxxx.
3. The applicant provides his:
* DD Form 214
* State of Florida Certificate of Birth
* State of Michigan, County of Wayne, court order for name change
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 was inducted into the Army of the United States on 11 January 1960. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 24 February xxxx.
3. He entered active duty, completed initial entry training, and was awarded military occupational specialty (MOS) 112.10 (Heavy Weapons Infantryman).
4. On 12 March 1962, he was released from active duty, under honorable conditions, and transferred to the U.S. Army Reserve. Item 6 (DOB) of his
DD Form 214 shows 24 February xxxx.
5. His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as 24 February xxxx. When required, he placed his signature where necessary. The requested DOB does not appear in his MPRJ.
6. He provides his State of Florida Certificate of Birth, which shows his DOB as 25 February xxxx.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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. The applicant contends his DD Form 214 should be corrected to show his DOB as 25 February xxxx.
2. The evidence of record shows he listed 24 February xxxx 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. This DOB is consistent throughout all documents in his MPRJ.
3. He submitted his State of Florida Certificate of Birth, which shows his DOB as 25 February xxxx; however, he did not use this DOB during his entire period of military service.
4. 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 that he now desires to record the DOB shown on his State of Florida Certificate of Birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
5. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20100016239
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002608
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018147
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 11 July xxxx. Item 4 (DOB) of his DD Form 214 (Report of Separation from Active Duty), dated 22 March 1978, shows his DOB as 10 July xxxx. ______________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 | 20140018469
The applicant requests correction of the date of birth (DOB) recorded in his military records. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant offers insufficient evidence to warrant a change of the DOB in his official military service records. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2012 | 20120005521
Application for correction of military records (with supporting documents provided, if any). All orders and other documents on file in the applicants Military Personnel Records Jacket (MPRJ) that contain a DOB and/or SSN list those that are listed on his DA Form 20. Therefore, the SSN and DOB listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2014 | 20140011380
The applicant requests correction of his Official Military Personnel File (OMPF) to show his date of birth (DOB) as "16 March XXXX" instead of "24 February XXXX." The applicant provided a copy of his certificate of birth and his ID card, which show his DOB as "16 March XXXX." ABCMR Record of Proceedings (cont) AR20140011380 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140011380 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2014 | 20140010862
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. Therefore, the SSN and DOB listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2014 | 20140014152
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. Although the applicant requests correction of a DD Form 214 to show the SSN and DOB as shown on his social security card and driver license, there...
ARMY | BCMR | CY2012 | 20120006052
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006052 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. An AGO Form 0388 (Statement of Service Enlisted Personnel Retirement) shows the applicant was inducted into the Army of the United States on 19 June 1945. A review of the applicant's military records shows his DOB as 25 March XXXX throughout his military career.
ARMY | BCMR | CY2013 | 20130013543
Application for correction of military records (with supporting documents provided, if any). 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 1 September 1944 versus 26 August 1944. The evidence of record shows he listed either 25 August 1944 or 26 August 1944 as his DOB throughout the entire period of his active military service.
ARMY | BCMR | CY2013 | 20130001495
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-68-XXXX instead of XXX-69-XXXX * date of birth (DOB) as 4 February 1943 instead of 4 March 1943 2. However, a review of his records revealed no evidence indicating the SSN shown on the social security card he provides was recorded as his SSN at any time during his military service. ...
ARMY | BCMR | CY2014 | 20140004035
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. His record contains a series of enlistment records as listed below, which list his DOB as "23 Nxxxxxxx XXXX": * DD Form 4 (Enlistment Record ...