IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130009225
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 the date of birth (DOB) entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DD Form 214 shows his DOB as 4 December 1943. He was born on 19 September 1944.
3. He provides his 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. On 3 August 1962, the applicant was inducted into the Army of the United States. Item 5 (DOB) of the DD Form 47 (Record of Induction) completed at that time shows his DOB as "4 Dec 43."
3. A review of his records shows his DOB was recorded as 4 December 1943 throughout his military service with two exceptions:
* a DA Form 41 (Record of Emergency Data), dated 7 May 1964 and signed by the applicant, shows his DOB as "4 Dec 37"
* a Standard Form 601 (Immunization Record) shows his DOB entered as "12 Apr 43"
4. On 11 September 1964, he was honorably released from active duty. Item 6 (DOB) of his DD Form 214 shows the entry "4 Dec 43."
5. He provided a birth certificate showing his DOB as 19 September 1944.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show no evidence that he served under the DOB he claims is correct. He was inducted under the DOB shown on his DD Form 214 and there is no evidence indicating the DOB shown on his birth certificate was ever entered in his records.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires to record the DOB shown on his birth certificate in his military records, 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 will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB 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 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) AR20130009225
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130009225
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 20130017375
Application for correction of military records (with supporting documents provided, if any). The applicant contends his record should be corrected to show his correct DOB as "30 January 1943." The available evidence of record shows he served exclusively using the DOB of "26 January 1943."
ARMY | BCMR | CY2012 | 20120002163
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * the eighth digit of his social security number (SSN) as "6" instead of "1" * his date of birth (DOB) as 24 May 1943 instead of 13 May 1944 2. Documents contained in the applicant's military personnel records show the eighth digit of his SSN as 6." His service record does not contain any documents that show his DOB as 24 May 1943.
ARMY | BCMR | CY2014 | 20140010615
Application for correction of military records (with supporting documents provided, if any). Although the birth certificate provided by the applicant shows his DOB as 1 August 1944, the evidence of record shows he reported his DOB as 1 August 1945 when he was inducted in 1964. ABCMR Record of Proceedings (cont) AR20140010615 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140010615 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130011537
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) and all documents throughout his military record containing a DOB show his DOB as 20 November 1944. _______ _ 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 | 20130013543
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 1 September 1944 versus 26 August 1944. The evidence of record shows he listed either 25 August 1944 or 26 August 1944 as his DOB throughout the entire period of his active military service.
ARMY | BCMR | CY2010 | 20100019077
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 change his date of birth (DOB) from "10 April 1944" to "10 March 1944." He is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his Official Military Personnel...
ARMY | BCMR | CY2014 | 20140005280
Application for correction of military records (with supporting documents provided, if any). All of the following documents in his Military Personnel Records Jacket (MPRJ) show the year of his DOB as "1941": * AGPZ Form 109-1 (Request for Statement of Service), dated 22 September 1961 * DD Form 214, for the period ending 19 October 1959 * DD Form 47 (Record of Induction), dated 5 January 1961 * DD Form 214, for the period ending 20 February 1961 * DD Form 4 (Enlistment Record - Armed Forces...
ARMY | BCMR | CY2011 | 20110005417
Application for correction of military records (with supporting documents provided, if any). In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 21 October 1943. The evidence of record shows that upon enlistment in the Regular Army, the applicant listed his DOB as 21 October 1943.
ARMY | BCMR | CY2011 | 20110018319
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 18 September 1964, to show his date of birth (DOB) as 11 June 1943 instead of 5 June 1943. Every document contained in his record, including his record of enlistment shows he was born on 5 June 1943. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...