IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100020294
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 date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, he was born on 18 February 1948, but his DD Form 214 shows a DOB of 8 February 1947. He adds he needs this correction for "identification purposes."
3. The applicant provides:
* his DD Form 214
* his Tennessee Birth Certificate
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 served in the Army of the United States from 12 October 1966 to 10 October 1968. The following documents show his DOB as 18 February 1947:
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
* DA Form 3027 (US Army Request for National Agency Check)
* DA Form 428 (Application for Identification Card)
* DD Form 398 (Statement of Personal History)
3. The applicant's DD Form 214 shows his DOB as 8 February 1947.
4. The applicant's Tennessee Birth Certificate shows he was born on 18 February 1948, not 18 February 1947.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his DOB changed on his DD Form 214 for "identification purposes."
2. The DD Form 214 is not an identification document. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.
3. The applicant was inducted using the DOB of 18 February 1947. Every document in his service record, many of which were handwritten and/or signed by the applicant, show his DOB as 18 February 1947.
4. When he was separated, the applicant's DD Form 214 should have shown his DOB as 18 February 1947 based on all evidence in his service record; however, an administrative error was made and his DOB was reflected as 8 February 1947.
5. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. Therefore, it would be appropriate to correct the applicant's DD Form 214, but only as indicated below.
6. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his service records. This should serve to clarify any questions or confusion in regard to the difference in the DOB of 18 February 1947 recorded in his military record and the DOB of 18 February 1948 recorded in his Tennessee Birth Certificate.
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 showing his DOB as 18 February 1947 on his DD Form 214.
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 showing his DOB as 18 February 1948.
_______ _ 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) AR20100020294
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ABCMR Record of Proceedings (cont) AR20100020294
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