IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130020455
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 date of birth (DOB) as 24 October 1947.
2. The applicant states his DOB is 24 October 1947 not 10 October 1947.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
* a Standard Certificate of Live 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's available records show he enlisted in the Regular Army (RA) on 12 September 1966 and he was honorably released from active duty on
17 April 1969. Item 9 (DOB) of this DD Form 214 shows his DOB as 10 October 1947.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his DOB consistently appears as 10 October 1947.
4. The applicant provides his Standard Certificate of Live Birth, State of Maine, issued 27 August 2007, which lists his DOB as 24 October 1947.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214 and states 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 the applicant listed his DOB as 10 October 1947 throughout his military service. This DOB is consistent with the DOB listed on his DD Forms 214 and 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 that the applicant desires to have the DOB that he now 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 (OMPF). This should clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the requested DOB documented.
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) AR20130020455
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020455
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140013642
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 4 February 1947 vice 30 September 1945. The applicant states his DOB is incorrectly listed on his DD Form 214. A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his DOB consistently appears as 30 September 1945.
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 | CY2010 | 20100012001
The applicant requests correction of Block 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his date of birth (DOB) as 1945 instead of 1947. Although the applicants amended birth certificate and passport show his DOB as 7 April 1945, various documents in his service personnel record indicate his DOB as 7 April 1947. The applicant is advised that a copy of this decisional document along with his application and the...
ARMY | BCMR | CY2012 | 20120007981
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB). During the applicant's induction processing the following documents were completed showing his DOB as 20 November 1947: * Standard Form 88 (Report of Medical Examination), dated 10 November 1966 * DD Form 47 (Record of Induction), initially dated 18 November 1966 and last dated on 28 September 1967 * DD Form 398 (Statement of...
ARMY | BCMR | CY2011 | 20110025008
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 18 July 1948 instead of 18 July 1947. This DOB is consistent with several documents in his service record throughout his military service as a warrant officer. ABCMR Record of Proceedings (cont) AR20110025008 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110025008 2 ARMY BOARD FOR...
ARMY | BCMR | CY2013 | 20130018620
The applicant requests, correction of his DD Form 214 Amed Forces of the Unitd States Report of Transfer or Discharge to show his date of birth (DOB) as "10 June 1947" instead of "10 June 1946." _____________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) AR20130018620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2010 | 20100027445
Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 26 August 1946. His service records contain various forms, including a record of emergency data, which listed his DOB as 26 August 1946. __________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 | 20130002953
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 7 September 1947 instead of 7 September 1957 * blood type as "A negative" instead of "A" 2. His record also contains a Standard Form 601 (Immunization Record) that shows on 11 November 1966, he was identified with blood type (group) as "A"...
ARMY | BCMR | CY2013 | 20130005657
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 28 June 1971 to show in Item 9 (Date of Birth (DOB)) his year of birth as 1947 vice 1946. The applicant states upon entry into the Army, the recruiting official placed his year of birth as 1946 so he could join the Army. His year of birth is consistent with the year of birth on all official military records throughout his entire military service.
ARMY | BCMR | CY2011 | 20110019266
Application for correction of military records (with supporting documents provided, if any). His record contains a DD Form 398 (Statement of Personal History), dated 13 January 1968, that shows he recorded his DOB as 12 March 1947 in item 5 (DOB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Forms 214 for the periods ending 7 January and October 1970 to show his DOB as 12 March 1947 as it appears on...