DOCKET NUMBER:  AR20090002848 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 5 December 1968, 12 June 1974, and 5 June 1978, to show his date of birth (DOB) as 24 January 1947.

2.  The applicant states that all his DD Forms 214 contain errors. 

3.  The applicant provides a copy of his birth certificate, dated 24 January 1947 and a copy of his Driver License, dated 22 May 2008, in support of his request. 

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 show he was inducted into the Army of the United States on 21 July 1966.  Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the he was born on 24 January 1947.

3.  In conjunction with his induction and entrance on active duty, the applicant completed a DD Form 398 (Statement of Personal History) on 21 July 1966 and listed his DOB as "24 January 1947."  He authenticated this form by placing his signature in the appropriate block.

4.  Item 6 (Date of Birth) of the applicant’s DA Form 20 (Enlisted Qualification Record) prepared on 25 July 1966 (and reviewed by the applicant on 18 January 1968) shows his DOB as "24 January 1947."  Again, he authenticated this form by placing his signature in the appropriate block.

5.  On 10 March 1967, a DA Form 3027 (U.S. Army Request for National Agency Check) was initiated to determine the applicant's eligibility for military service.  This form listed his DOB as 24 January 1947.

6.  On 4 August 1968, the applicant was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his DOB as 24 January 1947.

7.  The applicant’s records show he completed basic combat and advanced individual training and was awarded military occupational specialty 36K (Field Wireman).  He was honorably released from active duty in the rank of sergeant on 5 December 1968.  Item 4 (Date of Birth) of the DD Form 214 he was issued shows the entry "21 January 1947."  He authenticated this form by placing his signature in item 31 (Signature of Person Being Transferred or Discharged).

8.  After a break in service and during the summer of 1971, the applicant inquired at the Chicago Military Entrance Processing Station (MEPS) about reentering military service.  Accordingly, MEPS official initiated a DD Form 369 (Police Record Check).  This form listed the applicant's DOB as 21 January 1947.

9.  On 30 August 1971, the applicant executed a 3-year enlistment in the Regular Army.  Item 21 (Date of Birth) of his DD Form 4 (Enlistment Contract) shows his DOB as 24 January 1947.  He authenticated this form by placing his signature in the appropriate block.

10.  The applicant's records also show he was honorably discharged on 12 June 1974 for the purpose of immediate reenlistment.  Item 4 of the DD Form 214 (Report of Separation from Active Duty) he was issued shows his DOB as 26 January 1947.  The applicant authenticated this form by placing his signature in item 29 (Signature of Person Being Separated).

11.  On 13 June 1974, the applicant executed a 4-year reenlistment in the Regular Army.  Item 21 of his DD Form 4 shows his DOB as 26 January 1947.  He authenticated this form by placing his signature in the appropriate block

12.  The applicant’s DA Form 2-1 (Personnel Qualification Record), created on 26 June 1974 and reviewed by the applicant on 31 May 1978 does not list his DOB.

13.  On 12 June 1978, the applicant submitted a DA Form 428 (Application for Identification Card) and listed his DOB as 24 January 1947.  

14.  The applicant's records also show he was honorably discharged on 5 June 1978.  Item 4 of the DD Form 214 he was issued shows his DOB as 26 January 1947.  The applicant authenticated this form by placing his signature in item 29 (Signature of Person Being Separated).

15.  The applicant submitted copies of his birth certificate and drivers license which both show his DOB as 24 January 1947.

16.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file (OMPF), the military personnel records jacket, the career management individual file, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his initial induction, the applicant's DOB was listed as 24 January 1947.  This DOB is consistent with the DOB shown on several personnel documents in his records as well as his birth certificate.  It appears that when his first DD Form 214 was submitted, it erroneously listed the day of birth as 21 instead of 24.  

2.  The evidence of record also shows that during his next enlistment and reenlistment, the applicant used 24 January 1947 as his DOB which is also consistent with various documents in his personnel service records and his birth certificate.  It appears that when his second and third DD Forms 214 were submitted, each erroneously listed the day of birth as 26 instead of 24.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  Therefore, all his three DD Forms 214 should be corrected to show his DOB as 24 January 1947.

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 Department of the Army records of the individual concerned be corrected by showing his DOB as 24 January 1947 on all three DD Forms 214 he was issued. 




      _______ _   _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)                                         AR20090002848



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002848



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1