BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100019456
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 to Item 5 (Date of Birth (DOB)) and Item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states that those items of his DD Form 214 contain clerical errors.
3. He provides:
* Birth Certificate and Registration
* DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of The United States)
* DA Form 4187 (Personnel Action)
* Two copies of his DD Form 214
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. His military records show he enlisted in the Army Delayed Entry Program (DEP) on 12 January 1981. He enlisted in the Regular Army (RA), in pay grade E-1 on 27 January 1981, for 3 years. Item 7 (DOB) of his DD Form 4 listed his DOB as 7 September 1962.
3. He completed training and was awarded military occupational specialty 11B, Infantryman.
4. 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.
5. He was discharged in pay grade E-1 on 12 January 1983, under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 5, Personality Disorder, and issued a general discharge. He was credited with completion of 1 year, 11 months, and 16 days of net active service. This form shows in:
* Item 5, his DOB as 7 September 1962
* Item 12a, his date of entry on active duty as 27 January 1981
6. He provided a Kansas State Board of Health, Certificate of Live Birth, issued on 10 October 1963, which shows an individual with the same first, middle, and last names as the applicant was born on 7 September 1963. He also provided a registration of this birth.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms his DOB is 7 September 1963. Therefore, he is entitled to correction to Item 5 of his DD Form 214 to show his date of birth as 7 September 1963.
2. The evidence of record also confirms he enlisted in the DEP on 12 January 1981 and in the RA on 27 January 1981. He was discharged on 12 January 1983. His DD Form 214 correctly listed his date of entry on active duty in item 12a as 27 January 1981. Without evidence to the contrary, he is not entitled to an amendment to Item 12a of his DD Form 214 to show he entered on AD on any other date.
3. In view of the foregoing, his records should be corrected as recommended below.
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 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.
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 amendment to Item 12a of his DD Form 214 to show a date other than 27 January 1981.
_______ _ 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) AR20100019456
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019456
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140017776
The applicant provides: * DD Form 214 * 2 National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) * DA Form 3725 (Army Reserve Statement and Address Verification) * DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) * a letter * DA Form 4688/1 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting or Reenlisting in the Individual Ready Reserve) * DARP Form 1103 (Follow-Up Questionnaire to Army Reserve...
ARMY | BCMR | CY2013 | 20130010915
The applicant requests, in three applications, correction of item 5 (Date of Birth (DOB)) and item 12a (Date Entered Active Duty (AD) This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Therefore, item 12a of his DD Form 214 clearly contains an error and should be corrected at this time to show the "1984 05 07" as shown on his DD Form 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2011 | 20110009708
The applicant requests correction of item 5 (Date of Birth) of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 28 September 1990 and 13 February 1991 to show she was born on 11 December 1963. Based on the foregoing, it would be appropriate to correct item 5 of her DD Forms 214 for the periods ending 28 September 1990 and 13 February 1991 to show her date of birth as 11 December 1963. ___________x______________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2012 | 20120022251
The applicant requests correction of his military service records to show his correct date of birth (DOB). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant's DOB is 24 May XXXX and that his DOB is correctly recorded on his DA Form 61 and in his military service records. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct DOB.
ARMY | BCMR | CY2009 | 20090000144
Application for correction of military records (with supporting documents provided, if any). 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." 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.
ARMY | BCMR | CY2015 | 20150002313
ARMY | BCMR | CY2011 | 20110015327
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) to show the day of his day of birth (DOB) as 20 instead of 10. The applicant provides his: * DD Form 214 * Notification of Birth Registration CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2014 | 20140015841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 September 1966, as follows: * Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927 * Item 7a (Race) from NA to American Indian * Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3 * Item 16 (Date Inducted), from blank to actual date of induction * Item 24b (Total Active Service) from 20 years, 6 months,...
ARMY | BCMR | CY2011 | 20110023452
ARMY | BCMR | CY2013 | 20130017560
The applicant's available record contains a DA Form 4187 (Personnel Action), dated 23 August 1994, which shows he requested that item 6 (DOB) on his DD Form 4/1 be changed from 22 January 1976 to 3 August 1975, due to an administrative error. The applicant's DOB was listed as both 22 January 1976 and 3 August 1975 in his military record. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as 3 August 1975 as it is listed on his Certification of Birth...