BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130007885
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 (Report of Separation from the Armed Forces) to show his birth year as 1947 instead of 1946.
2. The applicant states, in effect, his birth certificate shows his correct birth year. He asks that a copy of the correction be mailed to the Regional Veterans Affairs Office in Seattle, Washington.
3. The applicant provides:
* self-authored statement
* DD Form 214
* 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. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his birth year as 1946. He authenticated this form by placing his signature in the appropriate block.
3. The applicant was inducted into the Army of the United States on 10 January 1966.
4. His DD Form 47 (Record of Induction), dated 10 January 1966, shows his birth year as 1946.
5. Item 6 (Date of Birth) of the applicant's DA Form 20 (Qualification Record Enlisted Personnel) shows his birth year as 1946.
6. On 30 December 1967, the applicant was honorably released from active duty. Item 10 (Date of Birth) on his DD Form 214 shows his birth year as "46."
7. The applicant provides a copy of his birth certificate which shows he was born in 1947.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's record shows he served using the birth year 1946. While it is understandable he desires to now record the year shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Armys records. 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.
2. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as the official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the birth year recorded in his military record and the year shown on his birth certificate.
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) AR20130007885
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007885
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003071
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 "2 December 1946" instead of "2 December 1947." The DD Form 214 he was issued at the time shows his DOB as "2 December 1947." Having listed his correct DOB at the time of induction and on his DD Form 398, and using this DOB throughout his military service, his DD Form 214 should be corrected to show his DOB as "2 December 1946."
ARMY | BCMR | CY2010 | 20100026237
The applicants request to correct his military record to show his DOB as 24 March 1947, as is listed on his birth certificate, has been carefully considered. However, the evidence of record confirms the applicant was inducted, served, and was separated from the Army using the DOB 24 March 1946. All documents on file in the applicant's official military personnel file (OMPF) that list a DOB, including the DD Form 47 prepared during his induction processing, the DA Form 20 prepared upon his...
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 | CY2010 | 20100030153
Application for correction of military records (with supporting documents provided, if any). However, in this case given that there was an inconsistency in the DOB recorded at the time of the applicant's induction process it would be appropriate to correct his DD Form 214 to reflect the DOB that is recorded on his birth certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 9 of his DD Form 214 by...
ARMY | BCMR | CY2014 | 20140006727
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his birth...
ARMY | BCMR | CY2013 | 20130019740
Block 5 (DOB) of the DD Form 47 (Record of Induction) completed at that time shows his DOB as 29 October 1946. DISCUSSION AND CONCLUSIONS: The evidence of record clearly shows an error in the DOB entered on the applicant's DD Form 214. _____________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 | 20110013002
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his year of birth as 1946 instead of 1947. Every other document in the applicant's official military personnel file (OMPF) containing a DOB shows he was born in the year 1947.
ARMY | BCMR | CY2010 | 20100021677
The applicant's SSN is not record in his MPRJ other than on his DD Form 214. _________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) AR20100021677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2009 | 20090007744
The applicant requests, in effect, correction of item 10c (Date Inducted) on his DD Form 214. The applicant states, in effect, that the date of his separation and his date of birth are incorrectly listed on his DD Form 214. The record does not contain and the applicant has not provided any documentation to show any date of separation other than 19 July 1968.
ARMY | BCMR | CY2010 | 20100017935
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his date of birth (DOB) is 22 July 1946. All records at the time of his induction indicate that his DOB was 21 July 1947. While it is understood why the applicant desires the change to be made, the Army has an interest in maintaining the integrity of its records and all of the records show that he served using a DOB of 21 July 1947.