BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021109
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 6 May 1935 vice 20 November 1935.
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214, a certified copy of his birth record, and a standard certificate 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'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 21 January 1954. A copy of his induction record is not available for review with this case.
4. He was honorably released from active duty on 20 January 1956. Item 10 (DOB) of his DD Form 214 shows the entry "20 Nov 35" (20 November 1935).
5. He submitted a birth certificate and a certified copy of birth record listing an individual with a similar name who was born on 6 May 1936.
6. 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 induction 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 "20 November 1935." 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 integrity 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 DOB he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy 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) AR20130021109
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021109
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130000608
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. In the absence of evidence to the contrary, it must be presumed that the DOB shown on his DD Form 214 is the DOB he served under.
ARMY | BCMR | CY2011 | 20110019766
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 complete military record is not available to the Board for review. The applicant requests correction of his DD Form 214 to show his DOB as 27 December 1935.
ARMY | BCMR | CY2010 | 20100025134
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 correct date of birth (DOB). 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...
ARMY | BCMR | CY2014 | AR20140010057
The applicant's complete military records are not available to the Board for review. Although he provides a birth certificate listing an individual with a similar name who was born on 25 June 1929, 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. 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 | 20140014960
The applicant requests his date of birth (DOB) be changed to 16 April 1935 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 April 1960. His DD Form 47 (Record of Induction) shows his DOB as 16 May 1935. Therefore, his DD Form 214 should be corrected to show his DOB as 16 April 1935.
ARMY | BCMR | CY2010 | 20100000609
The applicants military records are not available to the Board for review. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his DOB as "28 June 1936." ___________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 | 20130021018
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. The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a duly-constituted DD Form 214 that shows his DOB as "25 December 19XX."
ARMY | BCMR | CY2012 | 20120004317
The applicant's military records are not available for review. Although the applicant has not provided any explanation as to why he served under the DOB reflected on his DD Form 214, it is reasonable to presume that an administrative error occurred at the time of his enlistment that resulted in the date his birth was filed instead of the actual DOB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the DOB...
ARMY | BCMR | CY2011 | 20110023827
Application for correction of military records (with supporting documents provided, if any). This available records contain a Certification of Military Service issued on 23 July 1981. This form includes his dates of service and characterization of service but does not list his DOB.
ARMY | BCMR | CY2013 | 20130018298
It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. The applicant is advised that a copy of this decisional document which confirms the date of birth shown on his amended birth certificate will be filed in his Official Military Personnel File (OMPF). __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete...