BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140003417
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 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.
2. The applicant states he immigrated to the United States from his country of origin (Mexico) when he was 10 years old. He assumes someone made an error going through immigration during the legal process 50 years ago and it went unnoticed until he applied for social security.
a. He was required to produce his birth certificate for social security. When he got the birth certificate it showed his date of birth (DOB) with the year 1947.
b. When he gets referred to a private sector clinic from the Veterans clinic it causes chaos because the private clinic has his DOB with the year 1947 and the Veterans clinic has his DOB with the year 1946.
c. He also wants to get a handicap car license plate for his car from his state but his DD Form 214 shows his DOB with year 1946 and his driver's license shows his DOB with the year 1947.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130007885, on 30 January 2014.
2. The applicant's statement contains a new argument that merits consideration by the Board.
3. On 10 January 1966, he was inducted into the Army of the United States. His
DD Form 47 (Record of Induction) shows the year of his DOB as 1946.
4. 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. The following documents are among those contained in his MPRJ that show the year of his DOB as 1946:
* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
5. On 30 December 1967, he was released from active duty. Item 9 (DOB) of his DD Form 214 shows the year of his DOB as 1946.
6. There are no documents in his MPRJ that show the year of his DOB as 1947.
7. His birth certificate shows he was born in 1947.
8. Army Regulation 635-5 (Separation Documents), then effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form was complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DOB would have been verified at the time of his induction; however, there is no record of what document was used. The DOB shown on his DD Form 214 is the same as the DOB shown on his DD Form 47. His MPRJ does not contain any documents that show his DOB with the year as 1947.
2. The applicant's new argument is noted; however, while it is understandable that he now desires to record the DOB that is listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his MPRJ and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his MPRJ.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 to amend the decision of the ABCMR set forth in Docket Number AR20130007885, dated 30 January 2014.
_______ _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) AR20140003417
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ABCMR Record of Proceedings (cont) AR20140003417
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