IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080015620
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 his date of birth (DOB) be corrected from "56/08/09" (9 August 1956) to "56/09/08" (8 September 1956) on his separation document, DD Form 214, for the period ending on 21 December 1974.
2. The applicant states that the wrong date of birth is on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a letter from the Social Security Administration (SSA) which states that a person with the applicant's name and social security account number (SSAN) has a DOB of 8 September 1956.
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 applicant's military records show that he served in an enlisted status in the Army National Guard (ARNG) from 22 February 1974 to 3 February 1975 (his enlistment contract is not contained in his military records. These dates are derived from other documents). While he was assigned to the ARNG he performed his initial active duty for training from 22 August to 21 December 1974. The DD Form 214 he was issued for that period of active duty shows his DOB as 9 August 1956.
3. He enlisted in the Regular Army on 4 February 1975. At that time he listed his DOB as 8 September 1956 on his DD Form 398, Statement of Personal History. However, his DOB was entered as 8 August 1956 on his DD Form 4, Enlistment Contract Armed Forces of the United States.
4. The applicant completed his enlistment and was honorably released from active duty on 3 February 1978. The DD Form 214 he was issued shows his DOB as 8 August 1956.
5. On 21 February 1978, the applicant certified a DA Form 2, Personnel Qualification Record, which shows his DOB as 8 August 1956.
6. On 2 February 1980, the applicant enlisted in the U.S. Army Reserve (USAR). On his DD Form 4 he listed his DOB as 8 September 1956.
7. On 7 February 1981, the applicant completed a DA Form 428, Application for Identification Card, in which he listed his DOB as 8 September 1956.
8. On 21 September 1982, the applicant signed a DA Form 4651-R, Request for Reserve Component Assignment or Attachment, and listed his DOB as 8 August 1956.
DISCUSSION AND CONCLUSIONS:
1. The applicant used both the DOB listed on the contested DD Form 214 and the DOB he is claiming is correct throughout his military career. It is impossible to determine what the applicant's actual DOB is from his military records.
2. The letter from the SSA only confirms that the SSA's records show that a person with the applicant's name and SSAN has a DOB of 8 September 1956. The SSA's records are not considered verification of the applicant's DOB. Only a birth certificate with raised seal would normally be considered a source document sufficient to warrant correcting a DOB on a DD Form 214.
3. In view of the forgoing, there is insufficient evidence in which to grant the applicant's request.
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) AR20080015620
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ABCMR Record of Proceedings (cont) AR20080015620
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