IN THE CASE OF: .
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007815
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 all his military documents to show his date of birth (DOB) as "3 December 1946" instead of "1 December 1951."
2. The applicant states his DOB has been officially changed from "1 December 1951" to "3 December 1946" via U.S. Immigration and Customs Enforcement. He states he was adopted by a U.S. Army noncommissioned officer in 1960. During his military tour in Korea he was able to locate his family records. He states that the Defense Finance and Accounting Service (DFAS) indicated this change must be processed through the Board in order for DFAS to change his DOB in their database.
3. The applicant provides:
* Certificate of Naturalization
* photocopy of military (retired) identification card and Michigan driver license
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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. On 12 May 1973, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve. On 30 June 1974, he entered active duty where he served until his voluntary retirement in the rank of major on 30 June 1994.
3. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 26 April 1989, shows his DOB as "3 December 1946."
4. His DD Form 214 shows his DOB as "1 December 1951."
5. His record contains his certified statement, dated 30 December 1980, wherein he stated that due to immigration proceedings in 1959 his records were altered and the birth date was somehow misrepresented. He stated that all of his military and social security records show his DOB as "1 December 1951." He had been providing what he believed to be his true DOB as "3 December 1946." He had made previous attempts to correct the record but since that required extensive court proceedings, he had decided not to do so and to continue to use "1 December 1951" as his DOB.
6. An Officer Record Brief contained in his record shows his DOB as "1 December 1951."
7. He provides a Certificate of Naturalization, dated 8 February 2008, and a Michigan driver license showing his DOB as "3 December 1946."
DISCUSSION AND CONCLUSIONS:
1. He provides a copy of his Certificate of Naturalization, dated 8 February 2008, and a Michigan driver license showing his DOB as "3 December 1946." His record contains a DA Form 873 showing his DOB as "3 December 1946."
2. His record contains his certified statement indicating that though he believed his DOB was "3 December 1946" he continued to use "1 December 1951" as his DOB to avoid extensive court proceedings to have his DOB officially recorded as "3 December 1946." As a result, the applicant's DOB is reflected as
"1 December 1951" throughout his military record with the exception of the
DA Form 873.
3. In view of the foregoing, as a matter of equity, it would be appropriate to change the applicant's DOB on all documents throughout his records to include the DD Form 214 to reflect the DOB shown on his Certificate of Naturalization.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his DOB on all his military documents to include his DD Form 214 to
reflect the DOB shown on his Certificate of Naturalization.
____________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) AR20130007815
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007815
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003417
The applicant requests reconsideration of his previous request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 December 1967 to show his year of birth as 1947 instead of 1946. His DD Form 47 (Record of Induction) shows the year of his DOB as 1946. All other documents in the applicant's Military Personnel Records Jacket (MPRJ) show his DOB with the year as 1946 and he signed those documents when required.
ARMY | BCMR | CY2011 | 20110012905
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) ends with the number "3" instead of "2" * date of birth (DOB) is 21 July 19XX instead of 17 July 19XX 2. All documents in his record other than his DD Form 214 show his DOB as 21 July 19XX. The orders releasing the applicant from active duty, a DA Form 20, and his DD Form 214 show an SSN ending with the number "2."
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 | CY2010 | 20100012157
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...
ARMY | BCMR | CY2011 | 20110024510
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. At the time of the applicant's service the separation document was the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Service), which is not available for review with this case.
ARMY | BCMR | CY2014 | 20140021313
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his date of birth (DOB) as XX May 1946 instead of XX March 1946 and b. award of the Meritorious Service Medal (MSM). His DD Form 47 (Record of Induction) shows his DOB as XX May 1946. Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 to show his DOB as XX May 1946 instead of XX March 1946.
ARMY | BCMR | CY2010 | 20100025797
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his date of birth (DOB) is 27 January 1958 instead of 28 January 1958. His DD Form 214 lists his DOB as 28 January 1958 ("580128"). The birth certificate used at the time of enlistment is not present in the available records; however, the birth certificate provided by the applicant shows there is a one-day difference between the date on the birth certificate and the dates...
ARMY | BCMR | CY2013 | 20130018348
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 7 December 1944 instead of 7 September 1944. The following documents in his available service personnel records show his DOB as 7 December 1944: * DA Form 41 (Record of Emergency Data), dated 27 December 1967 * DA Form 2962 (Security Termination...
ARMY | BCMR | CY2012 | 20120012331
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the fifth digit of his social security number (SSN) as "8" instead of "4" and his date of birth (DOB) as "9 May 1950" instead of "9 April 1960." He completed 4 months and 12 days of active service and his DD Form 214 issued at the time of his release from ADT shows the SSN and DOB that is reflected in his records. At the time the applicant enlisted he provided an SSN that...