BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021018
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 the Armed Forces of the United States) to show his date of birth (DOB) as 28 vice 25 December.
2. The applicant states his DOB is incorrectly listed on his DD Form 214. He has corrected his DOB at the Department of Veterans Affairs and would like the DD Form 214 to be corrected as well.
3. The applicant provides a birth certificate and his 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 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 5 March 1953. A copy of his induction record is not available for review with this case.
4. The applicant's DD Form 214 also shows at the time of separation he held military occupational specialty 1729 (Combat Engineer) and his most significant assignment was with Company C, 18th Engineer Combat Battalion.
5. He was honorably released from active duty on 26 February 1955 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation. Item 10 (Date of Birth) of his DD Form 214 shows the entry "25 Dec XX."
6. He submitted a birth certificate listing an individual with a similar name who was born on 28 December 19XX.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. It is important that the information listed on this form is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment record is not available for review with this case. It is unclear what DOB he used upon entering active duty. However, his reconstructed record contains a copy of a duly-constituted DD Form 214 that shows his DOB as "25 December 19XX." In the absence of his military records or at least his induction document, it is presumed that the DOB shown on his DD Form 214 is correct.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
3. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the different the DOB he claims is correct. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
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) AR20130021018
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021018
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130008442
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * DD Form 214 * Birth Record * Certificate of Baptism CONSIDERATION OF EVIDENCE: 1. 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. The applicants military records are not...
ARMY | BCMR | CY2012 | 20120007903
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 18 October instead of 18 September. The applicant's complete military records are not available to the Board for review. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty at Fort Buchanan, PR, on 30 July 1952.
ARMY | BCMR | CY2013 | 20130009190
The applicant requests correction of item 10 (Date of Birth (DOB)) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to list his DOB as 7 April 19XX vice 17 April 19XX. 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. A Power of Attorney, dated 6...
ARMY | BCMR | CY2014 | 20140011885
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 22 June 19XX instead of 21 June 19XX. The applicant's complete military records are not available to the Board for review. Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.
ARMY | BCMR | CY2012 | 20120002891
The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a DD Form 214 that shows his first name as "Nathaniel" and his DOB as 26 Jxxx 19xx. _______ _ _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 | 20110015532
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...
ARMY | BCMR | CY2014 | 20140002193
The applicant's complete military records are not available to the Board for review. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. In the absence of his military records or at least his induction document, it is presumed that the DOB shown on his DD Form 214 is correct.
ARMY | BCMR | CY2014 | 20140001898
The applicant's complete military records are not available to the Board for review. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
ARMY | BCMR | CY2014 | 20140009489
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 4 January 19XX vice 14 January 19XX. 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. In the absence of evidence to the contrary,...
ARMY | BCMR | CY2013 | 20130013847
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 the following documents which list his DOB as 5 July 19XX: * DD Form 47 (Record of Induction), dated 9 September 1966 * DD Form 398 (Statement of Personal History), dated 10 September 1966 DA Form 20 (Enlisted...