IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20140010615
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 6 (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 1 August 1944.
2. The applicant states his birth year should be changed from 1945 to 1944.
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's DD Form 47 (Record of Induction), dated 22 June 1964, shows his DOB as 1 August 1945. He was inducted into the Army of the United States on 23 June 1964. His DD Form 398 (Statement of Personal History), dated 26 June 1964, also shows his DOB as 1 August 1945. He was released from active duty (REFRAD) on 22 June 1966.
3. Item 6 of his DD Form 214 shows his DOB as 1 August 1945.
4. He provided a copy of his birth certificate which shows his DOB as 1 August 1944.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the DOB shown on his DD Form 214 is incorrect.
2. Although the birth certificate provided by the applicant shows his DOB as 1 August 1944, the evidence of record shows he reported his DOB as 1 August 1945 when he was inducted in 1964. He served in and was REFRAD using the DOB of 1 August 1945.
3. 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 record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his OMPF.
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 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) AR20140010615
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140010615
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130011537
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) and all documents throughout his military record containing a DOB show his DOB as 20 November 1944. _______ _ 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 | CY2011 | 20110018366
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 indicated on his Social Security card and his date of birth (DOB) as shown on his birth certificate. The evidence of record clearly shows the applicant was inducted into the Army, served, and was REFRAD, all while using the SSN as shown on his Social Security card. The evidence of record clearly shows the applicant's DOB was...
ARMY | BCMR | CY2010 | 20100019077
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 change his date of birth (DOB) from "10 April 1944" to "10 March 1944." He 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...
ARMY | BCMR | CY2013 | 20130011637
The applicant requests correction of his military records to show his date of birth (DOB) as 28 May 1927 instead of 17 November 1926. 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. Although the birth certificate provided by the applicant shows his DOB as 28 May 1927, the evidence of...
ARMY | BCMR | CY2009 | 20090018849
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that upon his induction and entry on active duty he listed his DOB as 19 February 1944. A copy of this decisional document along with the application will be filed in his service record.
ARMY | BCMR | CY2013 | 20130013543
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 1 September 1944 versus 26 August 1944. The evidence of record shows he listed either 25 August 1944 or 26 August 1944 as his DOB throughout the entire period of his active military service.
ARMY | BCMR | CY2011 | 20110024420
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service number as "RA XX XXX 638" and his date of birth (DOB) as "13 February 1945." His DD Form 214 issued at the time of his REFRAD shows his DOB as "3 Feb 45." ____________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 | 20120003041
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) is 6 August xxxx. _______ _ _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 | 20130009225
A review of his records shows his DOB was recorded as 4 December 1943 throughout his military service with two exceptions: * a DA Form 41 (Record of Emergency Data), dated 7 May 1964 and signed by the applicant, shows his DOB as "4 Dec 37" * a Standard Form 601 (Immunization Record) shows his DOB entered as "12 Apr 43" 4. He provided a birth certificate showing his DOB as 19 September 1944. The applicant's military service records show no evidence that he served under the DOB he claims is...
ARMY | BCMR | CY2012 | 20120006303
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 47 (Induction Record) and various other documents in his official military personnel file (OMPF) list his DOB as 2 October 1946. He did not use the DOB that he now requests to be documented in his records.