IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130017717
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 (Report of Separation from Active Duty) by changing his date of birth from 10 December 1947 to 28 December 1947.
2. He states that his date of birth has been verified by the Department of Veterans Affairs (VA).
3. He provides his:
* birth certificate
* DD Form 214
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he was inducted into the Army of the United States on 24 January 1968. He served on active duty for a period of 1 year and 28 days prior to being discharged on 28 February 1969 with an honorable characterization of service.
3. A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his date of birth consistently appears as 10 December 1947.
4. Item 4 (Date of Birth) of his DD Form 214 shows his date of birth as 10 December 1947.
5. The applicant provides his birth certificate on which his date of birth appears as 28 December 1947.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldiers most recent period of continuous active duty. It provided 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 his induction into in the Army, the applicant listed his DOB as 10 December 1947. This DOB is consistent with the DOB listed on all personnel documents throughout his military service.
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. While it is understandable the applicant desires to have the DOB that he currently uses recorded on his DD Form 214 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 Record of Proceedings will be filed in his official military personnel file. This should clarify any questions or confusion in regard to the difference in the date of birth recorded in his military record and to satisfy his desire to have the date of birth he now uses documented in his official record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x_____ ___x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130017717
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017717
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130006110
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 27 October 1947. The record of evidence shows he was inducted and served using 28 October 1947 as his DOB. ABCMR Record of Proceedings (cont) AR20130006110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2014 | 20140000951
The applicant requests correction of his official military personnel file by changing his date of birth from 15 December 1947 to 15 December 1946. Item 5 (Date of Birth) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his date of birth as 15 December 1947. ABCMR Record of Proceedings (cont) AR20140000951 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140000951 2 ARMY...
ARMY | BCMR | CY2010 | 20100020857
Although the Certified Transcript of Birth provided by the applicant shows he was born on 28 May 1947, evidence of record in this case shows he was born on 29 May 1947. The applicant 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 File (OMPF). ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete...
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 | CY2014 | 20140003417
The applicant requests reconsideration of his previous request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 December 1967 to show his year of birth as 1947 instead of 1946. His DD Form 47 (Record of Induction) shows the year of his DOB as 1946. All other documents in the applicant's Military Personnel Records Jacket (MPRJ) show his DOB with the year as 1946 and he signed those documents when required.
ARMY | BCMR | CY2010 | 20100026237
The applicants request to correct his military record to show his DOB as 24 March 1947, as is listed on his birth certificate, has been carefully considered. However, the evidence of record confirms the applicant was inducted, served, and was separated from the Army using the DOB 24 March 1946. All documents on file in the applicant's official military personnel file (OMPF) that list a DOB, including the DD Form 47 prepared during his induction processing, the DA Form 20 prepared upon his...
ARMY | BCMR | CY2014 | 20140010741
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 DD Form 47 (Record of Induction), dated 3 January 1968, shows: * his first name as R__Y__ND * his SSN as XXX-XX-9733 * his DOB as 5 December 1947 3. Although the birth certificate provided by the applicant shows his first...
ARMY | BCMR | CY2013 | 20130020455
The applicant requests correction of his record to show his date of birth (DOB) as 24 October 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. This DOB is consistent with the DOB listed on his DD Forms 214 and all personnel documents throughout his military service.
ARMY | BCMR | CY2014 | 20140005505
While the applicant's desire to change his DD Form 214 to show his first name as Julius and year of birth as 1945 is understood, the available evidence shows he entered, served, and was separated from active duty under the name and date of birth shown on his DD Form 214 and all other available documents in his OMPF. ___________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...
ARMY | BCMR | CY2010 | 20100018233
The applicant states his birth certificate shows his year of birth as 1947. The applicant's birth certificate shows he was born in 1947. There is no record of what document was used to verify his DOB at the time of induction.