IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090000144
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 "03 March 1962."
2. The applicant states that his year of birth is incorrect on his DD Form 214 and he has provided a copy of his birth certificate as proof. He alleges that it should be "03 March 1962" and it should not reflect the year 1963 as it is currently shown.
3. The applicant provides a copy of his Certificate of Live Birth in support of his application.
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 completed a physical examination on 7 December 1979 and his Standard Form 88 (Report of Medical Examination) shows his DOB as 27 March 1962.
3. He enlisted in the Regular Army on 31 January 1980. His DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his DOB as 27 March 1962.
4. His DA Form 2A (Personnel Qualification Record - Part I) shows his DOB as 27 March 1962.
5. The applicant was discharged on 9 August 1983. Item 5 (DOB) of his DD Form 214 shows the entry "630327."
6. The applicant provided a copy of his Certificate of Live Birth issued by the Ohio Department of Health, Division of Vital Statistics. Item 6 (Date of Birth) of this certificate shows the entry "March [Month] 27 [Day] 1962 [Year]."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his year of birth is incorrect on his DD Form 214 and that it should be "03 March 1962."
2. Although the applicant states that his DOB should be "03 March 1962" on his DD Form 214, his birth certificate and other official documents in his service records reflect his DOB as 27 March 1962.
3. Therefore, it would be appropriate to amend his DOB on his DD Form 214 from 27 March 1963 to 27 March 1962.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 5 of the applicant's DD Form 214 the entry "630327" and replacing it with the entry "620327."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his records to show his DOB as "03 March 1962."
_________XXX______________
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) AR20090000144
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000144
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022523
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214. _______ _ _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 | CY2014 | 20140009286
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 record contains the following documents listing his DOB as "12 August": * DD Form 4 (Enlistment Record Armed Forces of the United...
ARMY | BCMR | CY2010 | 20100019456
A DA Form 4187 was completed on 30 January 1981 for correction to his record by changing his date of birth from 7 September 1962 to 7 September 1963 in his records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 5 of the applicant's DD Form 214 to show his DOB as 7 September 1963 and providing him a corrected separation document that shows this change. _______ _ x_______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2014 | 20140009107
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) ending 22 June 1966 to show his date of birth (DOB) as 5 January 1942. The applicant provides copies of a: * State of Utah Certificate of Live Birth showing the DOB of 5 January 1942 * DD Form 214 ending 22 June 1963 showing the DOB of 5 January 1942 * DD Form 214 ending 22 June...
ARMY | BCMR | CY2011 | 20110007827
The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his DOB as "2 Jun 42." Item 6 (DOB) of the DD Form 214 for this period of service shows the entry "2 Jun 43." Although the applicant's DD Form 47 listed his DOB as 2 June 1943 upon his induction, other than his DD Form 214 for the period ending 27 November 1963 all other documents contained in his official military records show his DOB as 2 June 1942.
ARMY | BCMR | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
ARMY | BCMR | CY2011 | 20110008180
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 8 April 1963 instead of 3 April 1963. His record contains a DA Form 3975 (Military Police Report) which shows his DOB as 8 April 1963. _______ _ 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 | CY2011 | 20110003574
The applicant requests correction of his military records to show his first name as "Meridith" instead of "Meredith." The applicant provides of his: * Medicare Health Insurance card * Certificate of Live Birth * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 December 1962 * DD Form 214 for the period ending 21 May 1963 CONSIDERATION OF EVIDENCE: 1. The applicant is advised that a copy of this decisional document along with his...
ARMY | BCMR | CY2012 | 20120021464
His DD Form 4 (Enlistment Document) for this enlistment shows his DOB as XXXXX. A Standard Form 88 (Report of Medical Examination), dated 4 March 1982; Department of Defense - Defense Investigative Service (DIS) Form 1; and DA Form 2A (Personnel Qualification Record) contained in his records show his DOB as XXXXX. 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 for the period ending 27 October...
ARMY | BCMR | CY2012 | 20120001675
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 July 1981 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show his DOB as 30 November 1962. All documents of his service personnel records reflecting his DOB show his DOB as 21 October 1962. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.