IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140013964
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 "YYMM22" vice "YYMM02."
2. The applicant states, in effect, the day of his birth was listed incorrectly on his DD Form 214.
3. The applicant provides copies of his DD Form 214, social security card, and his State of Illinois Identification Card.
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 applicants military records, i.e., enlistment contracts/records, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), DD Form 398 (Statement of Personal History), etc., are not available for review. The Board requested a copy of his records from the National Personnel Records Center in St. Louis, but none were located. A thorough review of the integrated Personnel Electronic Records Management System (iPERMS) and the Integrated Web Services (IWS) system also failed to contain any records. However, the DD Form 214 he provided is sufficient for the Board to conduct a fair and impartial review of his case.
3. His DD Form 214 shows he entered active duty training from the Army National Guard on 23 November 1989 and he was released from active duty on 9 April 1990. Item 5 (DOB) of this form shows his DOB as "YYMM02."
4. He provided a copy of his social security card, which does not show his DOB, and a copy of his State of Illinois Identification Card that shows his DOB as "YYMM22."
5. Army Regulation 635-5 (Separation Documents) 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 establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows the applicant's DOB was listed as "YYMM02." This is the only DOB listed in his available military records, i.e., the DD Form 214 he provided.
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 record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, e.g., enlistment contracts/records, NGB Form 22, DD Form 398, etc., it is presumed that the applicants DD Form 214 was correct at the time it was created, and there is insufficient evidence to grant the requested relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion regarding the difference in information recorded in his military record and to satisfy his desire to have the correct information documented in his record.
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) AR20140005847
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013964
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011129
The applicant requests correction of the following documents to show his correct date of birth (DOB): * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 24 July 1990 * NGB Form 22 for the period ending 8 May 1995, he also requests correction of his first name on this form * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 December 1989 * DD Form 214 for the period ending 11 August 1997 2. The...
ARMY | BCMR | CY2012 | 20120002455
Application for correction of military records (with supporting documents provided, if any). Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2011 | 20110003118
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 3 June 1974 to show his date of birth (DOB) as 13 October 1953 instead of 18 November 1953. Although he provided a copy of his identification card reflecting his DOB as 13 October 1953, various documents in his service personnel record reflect his DOB as either 13 October 1953 or 18 November 1953. The applicant is advised that a copy of this decisional document along with his...
ARMY | BCMR | CY2010 | 20100018975
The same last name appears on every document signed by him throughout his service in the ILARNG. One card shows his last name as M******* and the other card shows his last time as D****. A name change that is requested after completion of military service is generally not a basis for changing official military records.
ARMY | BCMR | CY2014 | 20140011154
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * change her social security number from "XXX-XX-1954" to "XXX-XX-6429" * change her date of birth (DOB) from 22 XXXXX 1961 to 22 XXXXX 1962 2. Her DD Form 4 (Enlistment/Reenlistment Document) listed her SSN as "XXX-XX-1954" and her DOB as "22 XXXXX 1962." The evidence of record shows the applicant used the SSN "XXX-XX-1954" when she first enlisted in the ARNG...
ARMY | BCMR | CY2008 | 20080009481
Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as Lxxe and Item 5 (Date of Birth) shows his DOB as 1 May 1970. The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial L, and his last name. The applicant requests that his DD Form 214 be corrected to show his middle name as Elxxxe" and his DOB as 1 May...
ARMY | BCMR | CY2013 | 20130019555
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 13 January 19XX vice 8 January 19XX. His DD Form 47 (Record of Induction), dated 6 April 1967, shows his DOB as 8 January 19XX.
ARMY | BCMR | CY2011 | 20110024934
Application for correction of military records (with supporting documents provided, if any). In connection with his induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as x Oxxxxxx 1941. __________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 | CY2010 | 20100024626
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 18 September 1941 instead of 1946. 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. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2010 | 20100017893
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "4 May 1950" vice "3 May 1950." Item 6 (DOB) of the DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 3 May 1950. The evidence of record shows upon his entry on active duty the applicant listed his DOB as 3 May 1950.