IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009091
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 as 20 December 1948.
2. He states his date of birth on his DD Form 214 is wrong.
3. He provides his DD Form 214, birth certificate, and U.S. Passport.
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 15 June 1979.
3. His records contain the following documents that show his date of birth as 22 December 1948.
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DA Form 428 (Application for Identification Card)
* DA Form 2 (Personnel Qualification Record Part I)
4. He was honorably discharged on 2 March 1983. He completed a total of 3 years and 5 months of active service during this period.
5. Item 5 (Date of Birth) of his DD Form 214 shows his date of birth as 22 December 1948.
6. He provides copies of his birth certificate and U.S. Passport that show his date of birth as 20 December 1948.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is 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 is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to have his DD Form 214 corrected to show the date of birth shown on his birth certificate is understood, he enlisted in the Regular Army under the date of birth currently shown on his DD Form 214. This birth date was used throughout his military records and he was honorably separated under this date of birth.
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. There is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms the date shown on his birth certificate will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). This should serve to clarify any questions or confusion regarding the difference in the date of birth recorded in his military records and to satisfy his desire to have the date shown on his birth certificate documented in his AMHRR.
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 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) AR20130009091
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130009091
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018417
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 DD Form 47 (Record of Induction) shows his DOB as XX April 1946. 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...
ARMY | BCMR | CY2015 | 20150003217
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 31 July 1949 versus 31 July 1948. The evidence of record shows he listed 31 July 1948 as his DOB throughout the entire period of his active military service.
ARMY | BCMR | CY2013 | 20130004563
The applicant requests correction of item 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1987 to show his DOB as 30 December 1947. 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 DD Form 4...
ARMY | BCMR | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
ARMY | BCMR | CY2013 | 20130012126
Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to show a date of birth (DOB) of 23 March. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).
ARMY | BCMR | CY2013 | 20130004977
Application for correction of military records (with supporting documents provided, if any). But the evidence is sufficient to correct his first and last name to list it on his DD Form 214 as he requests. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting all three of his DD Forms 214 to show his first and middle names as they are listed on his USA Passport.
ARMY | BCMR | CY2012 | 20120010638
The applicant requests correction of his military records to show his year of birth as 1948. There is no evidence in his military records showing he ever listed his year of birth as 1948. ABCMR Record of Proceedings (cont) AR20120010638 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010638 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120010431
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as shown on his birth certificate. 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 DD Form 214 shows his DOB as 19 December 1948.
ARMY | BCMR | CY2013 | 20130007203
The applicant requests correction of the date of birth (DOB) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "12 October 1950." There are no records showing he used the DOB he now contends is correct. The applicant is advised that a copy of this decisional document will be filed in his Army Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).
ARMY | BCMR | CY2010 | 20100011714
The applicant's military service records do not contain any orders awarding him the CIB. This document shows that the 1st Battalion, 8th Calvary Regiment, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 59, dated 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24...