BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011631
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, in effect, 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 "26 Nxxxxxxx 19X2" vice "24 Nxxxxxxx 19X2."
2. The applicant states he believes the error to be a typographical error.
3. The applicant provides a certification of birth.
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 5 June 1962 and held military occupational specialty 312.10 (Armor Communications Specialist).
3. His record contains a/an:
a. DD Form 4 (Enlistment Record-Armed Forces of the United States), dated 5 June 1962, which shows his DOB as "24 Nxxxxxxx 19X2." He signed this document indicating that the information contained therein was correct.
b. Standard Forms (SF) 89 (Report of Medical History) and 88 (Report of Medical Examination), dated 5 June 1962, which show his DOB listed as
"24 Nxxxxxxx 19X2."
c. DD Form 398 (Statement of Personal History), dated 28 February 1964, wherein he listed his DOB as "24 Jxxxxxx 19X1." He signed this document indicating that the information contained therein was correct.
e. DA Form 428 (Application for Identification Card), dated 25 July 1964, wherein his DOB was listed as "24 Nxxxxxxx 19X2." He signed this document indicating that the information contained therein was correct.
e. SFs 89 and 88, dated 14 April 1965, which show his DOB listed as
"24 Nxxxxxxx 19X2."
f. DA Form 20 (Enlisted Qualification Record) which shows his DOB as
"24 Nxxxxxxx 19X2."
4. His record does not contain any documents showing his DOB as
"26 Nxxxxxxx 19X2."
5. He was honorably released from active duty on 4 June 1965. His DD Form 214 shows his DOB listed as "24 Nxxxxxxx 19X2." He signed this document indicating that the information contained therein was correct.
6. He provided his certification of birth which shows the name listed on his
DD Form 214 and his DOB as "26 Nxxxxxxx 19X2."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon the applicant's enlistment in the Regular Army, he listed his DOB as "24 Nxxxxxxx 19X2" and he used this DOB (with one exception that showed a completely different DOB) throughout his entire period of military service.
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. While it is understandable the applicant desires to now record his current DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. A copy of this decisional document will be filed in his official records to clarify the difference between the DOB use in his records and that shown on his certification of birth.
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) AR20130011631
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011631
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017294
The applicant requests, in effect, correction of item 19c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of entry, correction of his DA Form 24 (Service Record) to show his correct Social Security Number (SSN), and correction of his Standard Form (SF) 88 (Report of Medical Examination) to show "Mrs. Cxxxxxxx M. Rxxxxx, Mother, S/A." As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140004035
Application for correction of military records (with supporting documents provided, if any). 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 record contains a series of enlistment records as listed below, which list his DOB as "23 Nxxxxxxx XXXX": * DD Form 4 (Enlistment Record ...
ARMY | BCMR | CY2014 | 20140007350
Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant offers insufficient evidence to warrant a change to the DOB and POB in his official military service records. A copy of this Record of Proceedings will be filed in the applicant's official military personnel file so this record concerning his DOB and POB will be available. _______ _ X______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2014 | 20140012277
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 record contained the following documents that list his DOB as "23 June XXXX": * 2 Standard Forms (SF) 89 (Report of Medical History), dated 15 September 1960 and 9 August 1961 * 2 SFs 88 (Report of Medical Examination), dated 15...
ARMY | BCMR | CY2009 | 20090020483
Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of his request for correction of Item 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 October 1964, to show his rank as specialist four (SP4)/pay grade E-4. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 26 October 1961, for 3 years.
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 | 20100028777
The applicant provides his: * Certificate of Live Birth * DD Form 214 * DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) CONSIDERATION OF EVIDENCE: 1. His DD Form 1966 (Record of Military Processing - Armed Forces of the U.S.), dated 25 October 1997, shows his DOB as 6 Nxxxxxxx. The DD Forms 4, dated 25 October 1997, and 7 July 2000, contain a DOB that is clearly in error.
ARMY | BCMR | CY2003 | 2003086189C070212
On 18 December 1963, the applicant's commander formally counseled him that he was recommending that he be discharged from the Army. in Item 4 (Organization at Time of Separation), on the DD Form 293, Application for Review of Discharge or Separation from the Armed Forces of the United States. On 2 September 1965, the Army Discharge Review Board (ADRB) reviewed the applicant’s case and after determining that his discharge was proper and equitable, it denied the applicant’s request for an...
ARMY | BCMR | CY2014 | 20140016532
The applicant provides: a. These documents serve as sufficient evidence to correct his DD Form 214 to show his date of birth as 27 June 1938. 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 to show a date of birth of 27 June 1938 as listed on his SF 88.
ARMY | BCMR | CY2014 | 20140019901
The applicant's complete military records are not available for review. DISCUSSION AND CONCLUSIONS: The evidence of record confirms when the applicant enlisted in the OHARNG on 1 November 1965 his DOB was listed as XX January 19XX. 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 entry in item 9 and replacing it with the DOB listed on his DD Form 4, dated 1 November 1965.