IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007639
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as "November" vice "September."
2. The applicant states his DOB was incorrectly listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Transcript 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 does not appear to have an Official Military Personnel File (OMPF) and the integrated Personnel Electronic Records Management System (iPERMS) does not contain any records listing the applicant's name or social security number (SSN). However, the Interactive Web System (IWRS) did contain a file listing his name and SSN. The entries and documents in IWRS all pertain to the applicant's various requests for records and/or a DD Form 214 and the U.S. Army Human Resources Command's (HRC) responses to his inquiries. These documents include:
* Authorization for Release of Information for Military Records, dated
29 September 2012
* Standard Form (SF) 180 (Request Pertaining to Military Records), dated 18 October 2012
* Memorandum, issued by HRC dated 3 December 2012 which states HRC's "search for records came up negative for the above named veterans" [applicant's]
* Memorandum issued by HRC, on 20 November 2014, stating the applicant's "DD Form 214 and other Military Personnel Records were not found at this Command."
3. The applicant does not have a true OMPF or iPERMS folder that includes pertinent documents such as military contracts, physicals, or a DD Form 214 which would have included his DOB.
4. He provided a certified transcript of birth showing he was born in the month of November.
5. He provided a DD Form 214 which shows he entered active duty on 28 June 2004 as a cadet assigned to the Cadet Detachment, USMA, West Point, NY and was discharged with an uncharacterized character of service due to resignation on 9 July 2004 after completing 12 days of net active service. The DD Form 214 shows this DOB as September.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided a copy of his DD Form 214 and requested his DOB be corrected to show his birth month as November vice September.
2. Unfortunately, because the applicant does not have any data/personnel records in his OMPF or in iPERMS the date of birth he provided when he enrolled as a cadet cannot be verified against the transcript of birth he provided. If he could provide some cadet records with his date of birth listed he may request reconsideration.
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) AR20140007639
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ABCMR Record of Proceedings (cont) AR20140007639
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