Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100019782
Original file (20100019782.txt) Auto-classification: Approved

		
		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019782 


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 item 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 16 June 1952 vice 18 June 1952.

2.  The applicant states his DOB is 16 June 1952, but his DD Form 214 shows his DOB as 18 June 1952.  He reported the error to his commander when he was being discharged, but the correction was not made.

3.  The applicant provides a copy of his birth certificate and 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 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 born on 16 June 1952.

3.  He enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 17 September 1975.  On the DD Form 1966 (Application for Enlistment – Armed Forces of the United States) he filled out in conjunction with his enlistment, dated 16 September 1975, he listed his DOB as 16 June 1952.  However, item 7 (Date of Birth) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 17 September 1975, shows his DOB as 18 June 1952.

4.  On 28 September 1975, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 16 June 1952.  He authenticated this form by placing his signature in the appropriate block.  

5.  On 7 October 1975, he enlisted in the Regular Army.  DD Form 4c (Enlistment or Reenlistment Agreement – Continuation Sheet) shows his DOB as 16 June 1952.  He authenticated this form by placing his signature in the appropriate block.  

6.  His DA Form 428 (Application for Identification Card), dated 1 November 1976, shows his DOB as 16 June 1952.

7.  His DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 March 1978, shows his DOB as 16 June 1952.

8.  On 3 October 1979, he was honorably released from active duty.  The DD Form 214 he was issued shows he completed 3 years, 11 months, and 27 days of total active service.  Item 5 of this form shows his DOB as 18 June 1952.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was born on 16 June 1952.  Throughout his active duty service his DOB was listed as 16 June 1952.  It appears when he enlisted in the USAR DEP his DOB was inadvertently listed as 18 June 1952 and his DD Form 214 also inadvertently listed his DOB as 18 June 1952.  Therefore, his is entitled to correction of his DD Form 214 to show his DOB as 16 June 1952.



BOARD VOTE:

____x___  __x____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 deleting from item 5 of his DD Form 214 the entry "520618" and adding the entry "520616."



      ___________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)                                         AR20100019782



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019782



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140000775

    Original file (20140000775.txt) Auto-classification: Denied

    The applicant states his DOB is wrong on his DD Form 214. The evidence of record confirms the applicant's DOB was listed as 15 November 1952 upon his enlistment in the PRARNG and his entry on active duty. _________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 | CY2013 | 20130006519

    Original file (20130006519.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...

  • ARMY | BCMR | CY2012 | 20120011762

    Original file (20120011762.txt) Auto-classification: Approved

    The applicant requests: a. item 4 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from Active Duty) be corrected to show he was born on 29 April 1952; and b. his general discharge be upgraded to honorable. On 11 June 1973, the separation authority approved the applicant's recommendation for separation and directed the issuance of an Undesirable Discharge Certificate. As a result, his record of service did not meet the standards of acceptable conduct and performance of duty...

  • ARMY | BCMR | CY2014 | 20140021322

    Original file (20140021322.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from Active Duty) to show his DOB as 16 December 19XX instead of 15 December 19XX. His records also contain the following documents: * DA Form 41 (Record of Emergency Data), dated 23 March 1976, which lists his DOB as 15 December 19XX * DA Form 2-1 (Personnel Qualification Record – Part II),...

  • ARMY | BCMR | CY2013 | 20130009243

    Original file (20130009243.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 5 August 1952 vice 5 May 1952. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) whereon he listed his DOB as 5 August 1952.

  • ARMY | BCMR | CY2013 | 20130018033

    Original file (20130018033.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 29 August 1949. Therefore, his DD Form 214 should be corrected to show his correct DOB.

  • ARMY | BCMR | CY2012 | 20120007917

    Original file (20120007917.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 1 December 1933 vice 1 October 1932. The applicant's military records are not available to the Board for review. _______ _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 | CY2015 | 20150000949

    Original file (20150000949.txt) Auto-classification: Denied

    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 28 September 1951 vice 28 September 1952. Page 4 of his DD Form 4, dated 4 August 1977, shows his DOB as 28 September 1952. The evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his DOB as 28 September 1952 and this is the DOB he used throughout his active duty service.

  • ARMY | BCMR | CY2014 | 20140012165

    Original file (20140012165.txt) Auto-classification: Denied

    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 X May 1953 vice X May 1952. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty during this period of service, shows his DOB as X May 1952. The evidence of record confirms the applicant listed his DOB as X May 1952 upon his initial enlistment in the RA and his entry on active duty.

  • ARMY | BCMR | CY2012 | 20120022626

    Original file (20120022626.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * social security number (SSN) as "545-xx-xxxx" instead of "554-xx-xxxx" * date of birth (DOB) as "XX September 1938" instead of "XX September 1939" 2. Several documents in his service record show his SSN as "545-xxx-xxxx" and his DOB as XX September 1938" and include a: * DA Form 2-1 (Personnel Qualification Record) * DD Form 93 (Record of Emergency Data) * DD Form 1172...