BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140016532
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the year of his birth as 1938 instead of 1937.
2. The applicant states, in effect, the current error is hindering him from obtaining State veterans benefits.
3. The applicant provides:
* DD Form 214
* copy of birth record
* notification of birth registration
* birth certificate amendment form
* letter from the applicant to the Office of Veterans Services
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 records are incomplete. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is reasonable to conclude most of the applicant's records were lost or destroyed in that fire. His available record contains a DD Form 214 which indicates he enlisted in the Wisconsin Army National Guard (WIARNG) at some point and he entered active duty on 15 October 1961.
3. On 10 August 1962, he was honorably released from active duty and reverted to the WIARNG. His DD Form 214 shows in item 6 (Date of Birth) 27 Jun 37.
4. The available evidence contains two medical documents which show his year of birth as 1938:
* Standard Form (SF) 89 (Report of Medical History), dated 4 June 1962
* SF 88 (Report of Medical Examination), dated 4 June 1962
5. The applicant provides:
a. A certified copy of birth record showing his year of birth as 1938.
b. A Department of Commerce Bureau of Census Notification of Birth Registration which states his year of birth is 1938.
c. A certified copy of a birth certificate amendment form which requests correction of the applicant's date of birth from 27 June 1937 to 27 June 1938. This document shows the change was court-ordered on 2 March 1983.
DISCUSSION AND CONCLUSIONS:
The available records are not complete, but contain two documents which support the applicant's contention the year of his birth is 1938. These documents serve as sufficient evidence to correct his DD Form 214 to show his date of birth as 27 June 1938. Based upon the foregoing, relief should be granted.
BOARD VOTE:
___X __ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 to show a date of birth of 27 June 1938 as listed on his SF 88.
_______ _ 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) AR20140016532
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016532
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022597
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 "1X JXXXXXX 1938" instead of "0X FXXXXXXX 1937." The applicants military records are not available to the Board for review. In the absence of his military records or at least his enlistment document it is presumed that the DOB shown on his DD Form 214 is correct.
ARMY | BCMR | CY2015 | 20150001158
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2012 | 20120007786
All of the documents contained in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that includes the applicant's DOB lists his DOB as 13 April 1937. The applicant contends his military record should be corrected to show his correct DOB as 13 April 1938. The available evidence of record shows he served using the DOB of 13 April 1937.
ARMY | BCMR | CY2012 | 20120008401
The applicant requests, in effect, the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his late father, a former service member (FSM), be corrected to list the correct date of birth (DOB) in block 6 (Date of Birth). His record contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) and DA Form 20 (Enlisted Qualification Record) which list his DOB as 9 August 1939. The DOB entered in block 6 of the FSM's DD Form 214 is listed as 9...
ARMY | BCMR | CY2015 | 20150002313
ARMY | BCMR | CY2012 | 20120022005
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) for the period ending 1 March 1962 as follows: * change his name to "S____ R____ O'R____ V____-R____" * change his year of birth to 1928 * change his place of birth to London, England, United Kingdom 2. His year of birth was not changed.
ARMY | BCMR | CY2012 | 20120003071
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 "2 December 1946" instead of "2 December 1947." The DD Form 214 he was issued at the time shows his DOB as "2 December 1947." Having listed his correct DOB at the time of induction and on his DD Form 398, and using this DOB throughout his military service, his DD Form 214 should be corrected to show his DOB as "2 December 1946."
ARMY | BCMR | CY2014 | 20140017167
Application for correction of military records (with supporting documents provided, if any). The applicant contends his DD Form 214 should be changed to reflect his DOB as XX October 1937. While it is understood that the applicant desires to have his DD Form 214 corrected to show the DOB that he now claims is correct, his record does not show that he served using that DOB.
ARMY | BCMR | CY2012 | 20120006065
The applicant, the son of a deceased former service member (FSM), requests award of Army Commendation Medal (ARCOM) for non-combat related heroic achievement to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). The applicant provides: * FSM's 1937 and 1938 Citizen's Military Training Camp certificates * FSM's 1937 Special Commendation for Merit certificate * FSM's Civilian Conservation Corps Honorable...
ARMY | BCMR | CY2011 | 20110018165
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Report of Separation from Active Duty) be corrected to show his date of birth as 18 March 1938 vice 17 March 1938. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his date of birth as 18 March 1938 as it appears on his birth certificate.