BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002550
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 21 December 1970, to correctly list his DOB as 1 April 19XX instead of 31 March 19XX.
2. The applicant states, in effect, he is providing a letter from the Department of Veterans Affairs (VA) in support of his request as evidence. He wants to ensure his military documents are accurate and correct for posterity.
3. The applicant provides copies of his 1970 DD Form 214 and a letter from the VA.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States (AUS) on 9 February 1968. His records contain a DD Form 47 (Record of Induction), dated 9 February 1968, which lists his DOB as 31 March 19XX.
3. He was honorably discharged on 15 February 1968 for the purpose of immediate enlistment in the Regular Army (RA). Item 9 of his DD Form 214 lists his DOB as 31 March 19XX.
4. He enlisted in the RA on 16 February 1968. His records contain the following:
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 16 February 1968, which lists his DOB as 31 March 19XX
* DD Form 398 (Statement of Personal History), dated 6 August 1968, which lists his DOB as 31 March 19XX
* DA Form 41 (Record of Emergency Data), dated 2 September 1970, which lists his DOB as 31 March 19XX
* DA Form 20 (Enlisted Qualification Record), dated 13 October 1970, which lists his DOB as 31 March 19XX
5. On 21 December 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 9 of his DD Form 214 lists his DOB as 31 March 19XX.
6. He provided a copy of a letter from the VA, dated 31 December 2013, wherein he was advised in response to his request his DOB had been changed from 31 March to 1 April 19XX in the South Texas Veterans Health Care System.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 9 would list the DOB verified in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. On 31 December 2013, the applicant was advised that his DOB had been changed from 31 March to 1 April 19XX in the South Texas Veterans Health Care System. Notwithstanding the letter from the VA, the evidence of record shows he was inducted into the AUS and enlisted in the RA using the DOB of 31 March 19XX.
2. There is no evidence in the available record and he did not provide sufficient evidence to show the DOB listed on his 1968 and 1970 DD Forms 214 was not the DOB he used at the time he served. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Forms 214 were correct at the time they were prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
3. For historical purpose, 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. In the absence of showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the DOB he currently uses on his 1970 DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. A copy of this decisional document will be filed in his records to clarity the difference between the DOB he currently uses and the DOB he used during his active military service.
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) AR20140002550
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002550
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006669
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as "9 August 19XX" instead of "7 August 19XX." It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. There is no evidence of record and he did not provide sufficient evidence to show the DOB listed on his DD Form 214 was not the DOB he used at...
ARMY | BCMR | CY2014 | 20140004705
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as "16 September 19XX" instead of "15 September 19XX." The applicant states his correct DOB is "16 September 19XX." There is no evidence of record and he did not provide sufficient evidence to show the DOB listed on his DD Form 214 was not the DOB he used at the time.
ARMY | BCMR | CY2012 | 20120002455
Application for correction of military records (with supporting documents provided, if any). Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2012 | 20120018819
In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as "21 Jxxx 19XX." Several other documents in his service records contain a DOB that is consistent with the DOB he listed on his DD Form 398. _______ _ __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 | CY2012 | 20120011126
His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last two digits as 45 and his DOB as 10 January 19xx. The evidence of record shows the applicant's SSN was listed with the last two digits as 95 upon his entry on active duty. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his: * DOB as 1 February 19xx * his last duty assignment as HHD, 5th Battalion, 30th...
ARMY | BCMR | CY2014 | 20140014765
Application for correction of military records (with supporting documents provided, if any). Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 13 August 19xx. The requested DOB (13 August 19xx) is consistent with the DOB on several official military records throughout his military service.
ARMY | BCMR | CY2014 | 20140020519
The applicant requests correction of his military records to show his date of birth (DOB) as 18 June vice 29 June 19XX. The applicant states, in effect, his DOB is in error; his birth certificate does not list the DOB that is listed in his military records. ABCMR Record of Proceedings (cont) AR20140020519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140020519 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
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...
ARMY | BCMR | CY2013 | 20130019555
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 13 January 19XX vice 8 January 19XX. His DD Form 47 (Record of Induction), dated 6 April 1967, shows his DOB as 8 January 19XX.
ARMY | BCMR | CY2011 | 20110013445
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 "22 September 19xx" vice "27 September 19xx." The applicant's record shows, in conjunction with his induction into the Army of the United States (AUS), a DD Form 47 (Record of Induction), dated 23 April 1965, was completed wherein his DOB was listed as "27 September 19xx." The evidence of record shows the applicant listed his DOB as 22...