BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130011419
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 reconsideration of his earlier petition to the Board requesting 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 20 November 1951.
2. The applicant states it is not his fault that an error was made on his military records and he does not feel it should be held against him.
3. The applicant provides:
* a copy of his birth certificate
* a letter
* a copy of Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20120014294, dated 26 February 2013
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120014294 on 26 February 2013.
2. The applicant provides a copy of his birth certificate which was not previously reviewed by the ABCMR. Therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant was inducted into the Army of the United States on 3 March 1971. As part of his processing he completed a DD Form 398 (Statement of Personal History) that lists his DOB as 20 November 1951.
4. 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.
5. On 2 March 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued shows his DOB as 20 November 1950.
6. The applicant provided a copy of his birth certificate which shows his DOB as 20 November 1951.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's DOB was recorded both correctly and incorrectly in his records. However, the available documents make it clear that he did use the DOB that is listed on his birth certificate during his period of active service. Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his birth certificate.
2. 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.
3. In view of the foregoing, the applicant's request should be granted.
BOARD VOTE:
____X_ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20120014294 dated 26 February 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 9 (DOB) of his DD Form 214 and replacing it with the entry "20 Nov 51."
_______ _ 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) AR20130011419
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ABCMR Record of Proceedings (cont) AR20130011419
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