IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007855
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 that his military records be corrected to show his day of birth is the 8th instead of the 7th.
2. The applicant states, in effect, that he had to request a birth certificate to apply for Social Security and discovered that his date of birth is the 8th instead of the 7th. He desires his records be corrected to reflect his correct day of birth.
3. The applicant provides a copy of his birth certificate.
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 initially enlisted in the Regular Army on 17 June 1968 and served until he was honorably released from active duty (REFRAD) on
23 December 1970. He served that tour of duty using the date of birth as
7 January 1948.
3. He again enlisted in the Regular Army on 12 November 1975 and he continued to serve through a series of reenlistments until he was retired on
31 August 1990 due to length of service. He had served 20 years and 29 days of active service. His DD Form 214 issued at the time of his retirement shows his date of birth as 7 January 1948.
4. A review of his official records shows he served all of his enlistments with a date of birth of 7 January 1948.
5. The birth certificate provided by the applicant shows his date of birth as
8 January 1948.
DISCUSSION AND CONCLUSIONS:
1. The applicants records reflect the day of birth in which he served under his entire career and at the time he was retired, and his DD Form 214 correctly reflects that information. Accordingly, there is no error or injustice in his case.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it is understandable the applicant desires to now change his day of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the day of birth recorded in his military record and to satisfy his desire to have his correct day of birth documented in his OMPF. Accordingly, there is no 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140007855
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007855
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013589
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1994 to show his date of birth as 28 June 1948 and the spelling of his middle name as "Ernest." His enlistment record and service personnel records show his middle name spelled as "Earnest." ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2013 | 20130004666
All documentation in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), containing a DOB shows his DOB as 13 July 1948. At the time of the applicants induction, he completed a DD Form 398 stating his DOB was 13 July 1948. All other documentation contained in his AMHRR requiring the use of his DOB shows his DOB as 13 July 1948.
ARMY | BCMR | CY2011 | 20110018392
The applicant requests correction of his record to show his birth year as 1948. A review of the applicant's OMPF shows 1947 as his birth year of record throughout his military service. ___________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 | 20130020591
The applicant requests correction of his Official Military Personnel File (OMPF) to show his date of birth (DOB) as "25 January 1948" instead of "24 January 1948." _______ _ 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) AR20130020591 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2012 | 20120010431
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as shown on his birth certificate. 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 DD Form 214 shows his DOB as 19 December 1948.
ARMY | BCMR | CY2010 | 20100001075
His enlistment documents, as well as all of the other documents in his available records, show his DOB of birth as 7 January 1941. The available records indicate the applicant served on active duty with the DOB of 7 January 1941 recorded throughout his period of service. __________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 | CY2014 | 20140012963
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 27 February 1948 instead of 25 February 1948. At the time the applicant enlisted his DOB was reflected in his records as 25 February 1948 and he has not offered any explanation as to why he served under this DOB for 22+ years. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2012 | 20120021550
The applicant states he does not understand why the Army Board for Correction of Military Records (ABCMR) denied award of the "Army of Occupation Medal (Japan)." His DD Form 214 shows in: * Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - Korean Service Medal with 1 silver service star and 2 bronze service stars and United Nations Service Medal * Item 28 (Most Significant Duty Assignment) - Headquarters Company, 2nd Battalion, 7th...
ARMY | BCMR | CY2009 | 20090002784
Records available to the Board indicate the applicant enlisted as a Regular Army Soldier on 30 November 1963 under his birth name of Mxxxxxx, with his birth date of 14 May 1946, and utilizing his SSAN of xx8-42-1122. On 14 December 1976 the Acting Commanding General, Fort Bragg approved the applicants retention on active duty and indicated the applicant should take immediate action to legally change his name from Mxxxxxx to Wxxxxxx and to apply to the Army Board for Correction of Military...
ARMY | BCMR | CY2008 | 20080019350
Application for correction of military records (with supporting documents provided, if any). The applicant states the record does not reflect his correct date of birth. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF).