Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130007686
Original file (20130007686.txt) Auto-classification: Denied

	

		BOARD DATE:	19 December 2013  

		DOCKET NUMBER:  AR20130007686 


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 correctly reflect his DOB as X July 1950 vice X July 1951.

2.  The applicant states the above error was due to his unit's administration office’s failure to ensure the correctness of this date.  He wants it corrected due to the hardship it may cause regarding his recent application to the Department of Veterans Affairs for health care benefits.

3.  The applicant provides copies of his DD Form 214 and 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 was inducted into the Army of the United States (AUS) on 18 May 1971.  His records contain the following:

* DD Form 398 (Statement of Personal History) which lists his DOB as X July 1951
* DD Form 47 (Record of Induction), dated 14 January 1971, which lists his DOB as X July 1951
* DA Form 20 (Enlisted Qualification Record), audited on 12 October 1971, which lists his DOB as X July 1951
* DA Form 41 (Record of Emergency Data), dated 20 May 1971, which is partially illegible and faint; however, the original copy appears to show his DOB as X July 1951

3.  He was discharged from active duty on 10 January 1972.  Item 9 of his 
DD Form 214 lists his DOB as X July 1951.

4.  He provided a copy of a Commonwealth of Kentucky birth certificate, filed on 20 November 2006, which certified an individual with the same name as the applicant was born on X July 1950.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It was important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the AUS using the DOB of X July 1951.  All documents contained in his military personnel record show the year of his birth as 1951.  There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the year birth on his DD Form 214.  For historical purposes, the Army has an interest in maintaining the consistency of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  While his desire to have his DD Form 214 changed to show a different year for his DOB he now uses is understood, it is not a basis for compromising the integrity of the Army's records.  

3.  A copy of this decisional document will be filed in his military records for reference purposes.

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)                                         AR20130007686



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007686



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150000208

    Original file (20150000208.txt) Auto-classification: Approved

    The available evidence shows the applicant listed his DOB as 8 September 1950 at the time of his induction. His DD Form 214 should be corrected to show his DOB 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 | CY2012 | 20120019976

    Original file (20120019976.txt) Auto-classification: Denied

    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 last name as "Blxxxxri" instead of "Grxxes" * His date of birth (DOB) as XX September 1947 vice 1950 * His awards and decorations 2. He did not use the last name or the year of birth that he currently uses during his military service.

  • ARMY | BCMR | CY2012 | 20120004310

    Original file (20120004310.txt) Auto-classification: Approved

    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 | CY2013 | 20130011419

    Original file (20130011419.txt) Auto-classification: Approved

    The majority of the documents contained in his military personnel record show his DOB as 20 November 1951; however, his record contains a DD Form 47 (Record of Induction) and DA Form 2962 (Security Termination Statement and Debriefing Certificate) which show his DOB as 20 November 1950. The evidence of record shows the applicant's DOB was recorded both correctly and incorrectly in his records. ABCMR Record of Proceedings (cont) AR20130011419 3 ARMY BOARD FOR CORRECTION OF MILITARY...

  • ARMY | BCMR | CY2013 | 20130015790

    Original file (20130015790.txt) Auto-classification: Approved

    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. General orders show the applicant was awarded the AM (2d award). _______ _ _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 | CY2011 | 20110002677

    Original file (20110002677.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his date of birth (DOB) as 10 February 1929 instead of 28 November 1928. In each case, he indicated his DOB was 28 November 1928 and he authenticated each reenlistment contract by placing his signature in the appropriate blocks. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is...

  • ARMY | BCMR | CY2013 | 20130003100

    Original file (20130003100.txt) Auto-classification: Denied

    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 does not contain any documents showing the year of his birth as "1951." 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...

  • ARMY | BCMR | CY2015 | 20150003281

    Original file (20150003281.txt) Auto-classification: Approved

    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 | CY2015 | 20150000023

    Original file (20150000023.txt) Auto-classification: Approved

    The applicant requests that her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the date of birth (DOB) that is reflected on her birth certificate. At the time the applicant enlisted her year of birth was recorded as being "1951" and there are numerous documents that reflect such. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 5 of her DD Form 214 her...

  • ARMY | BCMR | CY2014 | 20140004924

    Original file (20140004924.txt) Auto-classification: Denied

    The applicant states his birth record shows his full name is "Walter Ronald Gxxxxxxx." 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. There is no evidence of record and he did not provide sufficient evidence to show the first and middle names listed on his DD Form 214 were not in the...