BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140017263
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 (Report of Separation from the Armed Forces of the United States) to show his date of birth as shown on his birth certificate.
2. The applicant states the date of birth shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his:
* DD Form 214
* Certificate of Birth issued 1 June 1993
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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided a copy of his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this specific request.
3. A review of the applicant's DD Form 214, as provided by him, shows his date of birth as 7 May 1929.
4. The State of West Virginia birth certificate provided by the applicant shows his date of birth as 7 July 1929.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 10 of his DD Form 214 required a date of birth entry.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as shown on his birth certificate.
2. The applicant's military service records are not available for review. Therefore, it cannot be determined what date of birth the applicant used when he entered active duty service. There are no available military documents showing that he used a date of birth different from what is shown on his DD Form 214.
3. The applicant has not offered any documentary evidence or argument contending that he is being harmed in any way by the date of birth shown on his DD Form 214.
4. 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.
5. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the date of birth he used while on active duty and the date he now contends to be correct. This action should satisfy the applicant's desire to have his correct date of birth shown in his military record.
6. In view of the above, the applicants request should be denied.
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) AR20120011482
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140017263
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130002213
The applicant provides: * birth certificate * DD Form 214 * letter from the National Personnel Records Center, dated 10 January 2013 CONSIDERATION OF EVIDENCE: 1. 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 request to correct his DD Form 214 to show his DOB as 31...
ARMY | BCMR | CY2014 | 20140006366
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect his birth date as 18 February 1929 instead of 12 August 1952. The applicant provides: * birth certificate * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Therefore, the applicant's birth certificate is accepted as sufficient evidence with which to base correction of his DD Form 214 to show his date of birth as 18 February 1929.
ARMY | BCMR | CY2014 | 20140020317
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available record that shows he ever used the DOB shown on his certificate of birth while he was in the Army. While it is understandable the applicant desires to now record his DOB on his DD Form 214 as it is listed on his certificate of birth, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
ARMY | BCMR | CY2014 | AR20140010057
The applicant's complete military records are not available to the Board for review. Although he provides a birth certificate listing an individual with a similar name who was born on 25 June 1929, in the absence of his military records or at least his induction document it is presumed that the DOB shown on his DD Form 214 is correct. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
ARMY | BCMR | CY2014 | 20140015077
The applicant requests that her deceased husband's, a former service member's (FSM), date of birth (DOB) on his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 12 October 1954, be corrected to show XX November 1930 instead of XX June 1930. The FSM's DOB would have been verified at the time of his induction; however, those records are not available. The only justification for changing the FSM's DOB on his DD Form 214 would be if it was not consistent...
ARMY | BCMR | CY2012 | 20120018573
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his correct date of birth (DOB) as 10 May 1929. At the time the applicant was inducted, his DOB was reflected in his records as 9 May 1929. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his DOB as shown on his birth certificate documented in his...
ARMY | BCMR | CY2012 | 20120006880
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 9 January 1930 instead of 9 January 1929. The applicants military records are not available to the Board for review. The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty in New York, NY, on 9 January 1953.
ARMY | BCMR | CY2008 | 20080014975
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his correct date of birth (DOB). The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2015 | 20150000617
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. The applicant provided his Certificate of Birth which shows his DOB as 28 February 1929.
ARMY | BCMR | CY2014 | 20140001591
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 15 August 1952, to show 1 December 1929 as his date of birth (DOB). The applicant provides: * Letter from the Veterans Service Commission, dated 16 January 2014 * WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 2 February 1947 * WD AGO Form 100 (Separation Qualification Record), dated 2 February 1947 * DD Form 214, dated 15 August 1952 * National...