IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130003100
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 item 9 (Date of Birth (DOB)) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his birth as "1951" vice "1950."
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides:
* Certificate of live birth
* DD Form 214
* Driver license
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 24 June 1969 and held military occupational specialty 11E (Armor Crewman).
3. His record contains the following documents showing his DOB with the year "1950":
* DD Form 4 (Enlistment Contract-Armed Forces of the United States), dated 24 June 1969
* DD Form 1584 (National Agency Check Request), dated 26 June 1969
* DA Form 20 (Enlisted Qualification Record)
4. His record does not contain any documents showing the year of his birth as "1951."
5. He was discharged under honorable conditions on 9 December 1971.
Item 9 of his DD Form 214 contains the year "1950."
6. He provided his certificate of live birth and driver license which show the name listed on his DD Form 214 and his birth year as "1951."
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. It states that 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 evidence of record shows upon the applicant's enlistment in the Regular Army, the year listed in his DOB was "1950" and he used this year throughout his entire period of military service.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record his current DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his current DOB, will be filed in his official military records. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his current DOB documented in his military records.
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) AR20130003100
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003100
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001309
The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN with the last four numerals "0882" and his DOB with the year 1950: * DD Form 398 (Statement of Personal History) * DD Form 1584 (National Agency Check Request) * DA Form 41 (Record of Emergency Data) 4. The DD Form 398 was completed by the applicant and he entered his DOB with the year 1950. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
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 | CY2013 | 20130006519
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...
ARMY | BCMR | CY2014 | 20140002500
The applicant requests correction of item 5 (date of birth (DOB)) his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 July 1992, to show his DOB as 15 December 1951. 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. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2012 | 20120022827
The applicant requests correction of his records to show his date birth (DOB) as 4 November 1950 instead of 6 November 1950. 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. The evidence of record shows he served under the DOB of 6 November 1950 throughout his entire military service.
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 | CY2013 | 20130013612
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. ___________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)...
ARMY | BCMR | CY2013 | 20130007815
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2014 | 20140005600
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 28 October 1955. His DD Forms 4 (Enlistment Contract - Armed Forces of the United States) for both his initial enlistment and subsequent reenlistments and all other documents throughout his record show his DOB as 28 October 1956 with the exception of a DA Form 873 (Certificate of Clearance and/or Security Determination), which shows his DOB as 28...