IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140009990
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 date of birth (DOB) on his DD Form 214 (Report of Transfer or Discharge) to 29 August 1947.
2. The applicant states his DOB is incorrect.
3. The applicant provides copies of his birth certificate and DD Form 214.
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 served in the Army National Guard from 23 February 1967 through 22 February 1973 with a period of active duty for training from 17 April 1967 through 19 August 1967.
3. All of his enlistment documents show a DOB of 28 August 1947 as do the DD Form 214 and his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service).
4. The copy of the birth certificate provided is of poor quality but appears to show a DOB of 29 August 1947; however the date could also be read as 28 August 1947.
DISCUSSION AND CONCLUSIONS:
1. The poor legibility of the DOB on the birth certificate is insufficient evidence to change the applicants record.
2. Further, the Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation. The fact that the applicant wants to change his date of birth of record some 45 years after his DD Form 214 was issued would be insufficient to justify changing his military records as they were originally constituted.
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) AR20140009990
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009990
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000883
Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 27 April 1947. The applicant's request for correction of his DD Form 214 to show his DOB as 27 April 1947 was carefully considered and was determined to have merit. The evidence of record shows the applicant consistently listed his DOB as 27 April 1947 throughout his military career.
ARMY | BCMR | CY2009 | 20090002848
The evidence of record shows that upon his initial induction, the applicant's DOB was listed as 24 January 1947. The evidence of record also shows that during his next enlistment and reenlistment, the applicant used 24 January 1947 as his DOB which is also consistent with various documents in his personnel service records and his birth certificate. Therefore, all his three DD Forms 214 should be corrected to show his DOB as 24 January 1947.
ARMY | BCMR | CY2011 | 20110019266
Application for correction of military records (with supporting documents provided, if any). His record contains a DD Form 398 (Statement of Personal History), dated 13 January 1968, that shows he recorded his DOB as 12 March 1947 in item 5 (DOB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Forms 214 for the periods ending 7 January and October 1970 to show his DOB as 12 March 1947 as it appears on...
ARMY | BCMR | CY2010 | 20100019291
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: * social security number (SSN) as xxx-xx-x9x8 instead of xxx-xx-x8x9 * date of birth (DOB) as 2 March 1947 instead of 3 February 1947 2. His birth certificate and documents in his service record show his DOB as 2 March 1947; however, his DD Form 214 reflects his...
ARMY | BCMR | CY2010 | 20100027445
Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 26 August 1946. His service records contain various forms, including a record of emergency data, which listed his DOB as 26 August 1946. __________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 | CY2009 | 20090009977
Application for correction of military records (with supporting documents provided, if any). There is no record of evidence that show the applicant used the DOB that he now claims is correct at any time during his military service. 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).
ARMY | BCMR | CY2013 | 20130004563
The applicant requests correction of item 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1987 to show his DOB as 30 December 1947. 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 4...
ARMY | BCMR | CY2011 | 20110022602
Application for correction of military records (with supporting documents provided, if any). The applicant contends his DD Form 214 for the period ending 19 November 1969 should be corrected to show his correct DOB as 19 August 1947. The evidence of record shows the applicant's DOB as 19 August 1947.
ARMY | BCMR | CY2014 | 20140015021
ARMY | BCMR | CY2011 | 20110017608
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), social security number (SSN), and place of birth. All orders, documents, and other information on file in the applicant's military personnel records jacket (MPRJ), some of which were authenticated by the applicant with his signature, all contain the DOB as those entered on his DD Form 41 and DA Form 20. The evidence of record...