IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080008196
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 that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show
9 June 1956 instead of 9 August 1956.
2. The applicant states that his date of birth is incorrect on his DD Form 214.
3. The application indicates that the applicant provided a copy of his passport; however, this document was not available.
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 applicants 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 applicants 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 are not available to the Board. This case is being considered using reconstructed records, which primarily consist of his DD Form 214, an Application for Enlistment, and two enlistment contracts.
3. The applicants 1977 Application for Enlistment shows his date of birth is
9 June 1956. He enlisted on 3 October 1977 and remained on active duty through continuous reenlistments. His enlistment contract, dated 8 October 1981, shows his date of birth is 9 June 1956. His final enlistment contract, dated 30 June 1995, shows his date of birth is 9 August 1956. On 28 February 1998, the applicant retired in the rank of sergeant first class.
4. Item 5 on the applicants DD Form 214 shows his date of birth is 9 August 1956.
DISCUSSION AND CONCLUSIONS:
Although the applicants 1995 enlistment contract shows he was born on
9 August 1956, the preponderance of evidence in this case shows the applicant was born on 9 June 1956. Therefore, it would be appropriate to correct item 5 on his DD Form 214 to show this date.
BOARD VOTE:
___xx___ ___xx___ ___xx___ 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:
a. deleting the entry in item 5 on his DD Form 214; and
b. adding the entry, 19560609 in item 5 on his DD Form 214.
________xxxx__________
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) AR20080008196
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008196
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100028982
The applicant requests item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born on 9 June 1956. His 1977 enlistment contract and other service personnel records also show he was born on 9 June 1956. _______ _ 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 | CY2008 | 20080000027
The applicant requests that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born in December instead of September. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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 applicants DD Form 1966 (Application for...
ARMY | BCMR | CY2008 | 20080014414
The applicant requests that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born in 1958 instead of 1956. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. DISCUSSION AND CONCLUSIONS: The preponderance of evidence...
ARMY | BCMR | CY2011 | 20110021001
The applicant's military record shows he served honorably in the Regular Army (RA) from 6 March 1956 to 4 March 1959. The DD Form 214 he was issued shows his year of birth as 1938. The DD Form 214 that he was issued shows his year of birth as 1938.
ARMY | BCMR | CY2005 | 20050000060C070206
The applicant requests, in effect, that item 12d (Total Prior Active Service) on his 1995 separation document be corrected to show an additional 2 months and 5 days of active service. While it is noted that the applicant's initial period of active duty was not identified during his 1974 enlistment action, it is possible the prior service was omitted merely because individuals involved in the enlistment process incorrectly believed that all voided service was not creditable. As a result,...
ARMY | BCMR | CY2011 | 20110017846
The applicant requests: a. correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 August 1974 to show his first name as Lutha and his date of birth (DOB) as 7 March 1956; and b. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 December 1982 to add his middle name of Lee. His DD Form 4 and DD Form 4c (Enlistment or Reenlistment Agreement (Continuation Sheet) show the first and middle names as...
ARMY | BCMR | CY2012 | 20120001540
The applicant requests correction of item 4 (Date of Birth (DOB)) on his DD Form 214 (Report of Separation from Active Duty) to show the year in which he was born as "57" instead of "56." The applicant's official military record contains a DD Form 372 (Application for Verification of Birth), dated 26 February 1974, which shows his DOB as 19 January 1956. The applicant used 19 January 1956 as his DOB throughout his Army service and it was annotated on his DD Form 214.
ARMY | BCMR | CY2008 | 20080019807
The applicant requests that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born on 20 February 1959 instead of 19 February 1959. Therefore, it would be appropriate to correct item 5 on his DD Form 214 to show this date. Since the governing regulation states that the nearest relative will be provided by the applicant (i.e. at the time of separation), there is no basis for granting the applicants request to amend...
ARMY | BCMR | CY2014 | 20140005992
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing her year of birth (YOB) from 1956 to 1955. The evidence of record shows that upon her enlistment into the Army, the applicant listed her YOB as 1956. The applicant is advised that a copy of this Record of Proceedings will be filed in her official military personnel file.
ARMY | BCMR | CY2011 | 20110005418
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his year of birth as "1957" vice "1959." The evidence of record shows the applicant's year of birth was listed as "1957" when DD Form 1966 was filled out in conjunction with his enlistment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the date of birth in item 4 of his DD Form 214 and adding the date of birth...