Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130017375
Original file (20130017375.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130017375 


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 record to show his correct date of birth (DOB) as "30 January 1943" instead of "26 January 1943."

2.  The applicant states there was a mistake in filing his DOB at birth.

3.  The applicant provides copies of his:

* Certificate of Birth
* Texas Driver License
* Social Security Number Card

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 2 November 1964, the applicant was inducted into the Army of the United States.  The DD Form 47 (Record of Induction) prepared at the time of his induction shows in item 5 (DOB) the entry "26 Jan 1943."

3.  The applicant served until he was released from active duty on 11 October 1966.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) contains the entry "26 Jan 43" in item 6 (DOB).

4.  All of the documents in the applicant's record which include his DOB list it as 26 January 1943.

5.  The applicant provides a copy of his Certificate of Birth and Texas Drivers License, which list his DOB as "30 January 1943."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his correct DOB as "30 January 1943."

2.  The available evidence of record shows he served exclusively using the DOB of "26 January 1943."

3.  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 correct DOB in his Army Military Human Resource Record (AMHRR), there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his AMHRR.  This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in those records.


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)                                         AR20130017375





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017375



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130014469

    Original file (20130014469.txt) Auto-classification: Denied

    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 | CY2012 | 20120004560

    Original file (20120004560.txt) Auto-classification: Denied

    All orders and other documents on file in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that contain a DOB list his DOB as 22 May 1945. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the AMHRR would be the primary source records for information entered on the DD Form 214. However, the evidence of record confirms the applicant...

  • ARMY | BCMR | CY2013 | 20130005103

    Original file (20130005103.txt) Auto-classification: Denied

    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. The applicant's military records are not available to the Board for review.

  • ARMY | BCMR | CY2010 | 20100029770

    Original file (20100029770.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his birth year as 1916 instead of 1919. ____________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 | 20110013487

    Original file (20110013487.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). These documents are accepted as sufficient evidence on which to base correction of his DD Form 214 to show his DOB as 26 January 1935. _______ _ _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 | CY2007 | 20070012420C080407

    Original file (20070012420C080407.doc) Auto-classification: Denied

    The applicant requests, in effect, that the military records of her deceased husband, a former service member (FSM), be corrected to reflect his correct Date of Birth (DOB). However, the evidence of record confirms the FSM was inducted, served, and was separated from the Army using the DOB 3 March 1939, which is the DOB listed on his final DD Form 214. While the applicant’s desire to have the records changed to reflect the FSM's correct DOB, as reflected on the birth certificate...

  • ARMY | BCMR | CY2006 | 20060014742

    Original file (20060014742.txt) Auto-classification: Approved

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his Induction Record to show his date of birth (DOB) as 6 September 1925. His Induction Record shows his DOB as 1 January 1925.

  • ARMY | BCMR | CY2012 | 20120022827

    Original file (20120022827.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his date birth (DOB) as 4 November 1950 instead of 6 November 1950. 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. The evidence of record shows he served under the DOB of 6 November 1950 throughout his entire military service.

  • ARMY | BCMR | CY2014 | 20140008375

    Original file (20140008375.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His military records show he served in the Army for almost 2 years with the first name of "Rodgie." 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 his year of birth as 1943 as it appears on his birth certificate.

  • ARMY | BCMR | CY2011 | 20110015532

    Original file (20110015532.txt) Auto-classification: Denied

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his date of birth (DOB) as 11 August 19XX. He provides his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), a cover letter from the National Personnel Records Center, his WD AGO Form 100 (Army of the United States Separation Qualification Record), his driver's license, and a birth certificate. The applicant's...