IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100021555
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 reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 2 June 1949 instead of 6 June 1949.
2. He states his true DOB is 2 June 1949, not 6 June 1949, and that this error is damaging to him. He states the error on his DD Form 214 is unjust and harmful to him and is preventing him from his entitlement to veterans benefits, even though he served actively in the U.S. Army and overseas in Vietnam. He concludes by stating that the correction of his DD Form 214 will remedy this wrong and fix the error.
3. He provides:
* a certified copy of his Certificate of Live Birth issued on 1 April 2009
* a letter from the Social Security Administration (SSA), dated 4 June 2010
* a copy of his State of California Identification Card
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090012753 on 17 December 2009.
2. He provides a certified copy of his Certificate of Live Birth and a letter from the SSA, which were not previously considered by the Board. Therefore, this new evidence warrants consideration by this Board.
3. His record shows he was inducted into the Army of the United States on
3 July 1968 for a period of 24 months. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry "2 June 1949." His military records also contain official documents which list his DOB as 6 June 1949.
4. On 4 February 1970, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 5, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows he was credited with 1 year, 7 months, and 2 days of total active service, including 1 year, 1 month, and 18 days of foreign service. Item 9 (Date of Birth) of his DD Form 214 shows "6 Jun 49."
5. The applicant provided a certified copy of his Certificate of Live Birth and a letter from the SSA, both of which show his DOB as 2 June 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention his DOB is incorrectly documented in his military record was carefully considered and was found to have merit.
2. The evidence of record shows at the time he was inducted into the Army, his DOB was listed as 2 June 1949. His military records also contain official documents which list his DOB as 6 June 1949. He now provides a Certificate of Live Birth which confirms his DOB as 2 June 1949.
3. His DOB is listed differently on multiple official documents throughout his military record; therefore, his record should be corrected to present a proper and factual record of his true DOB. In view of the foregoing, there is sufficient basis in this case to grant his request.
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 amendment of the ABCMR's decision in Docket Number AR20090012753, dated 17 December 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the entry "6 Jun 49" and replacing it with the entry
"2 Jun 49."
____________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) AR20100015378
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021555
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003227
Application for correction of military records (with supporting documents provided, if any). The applicant's record contains a DD Form 47 (Record of Induction) that lists his DOB as 25 January 1949. _______ _ __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 | 20110004801
The applicant's service records show: * a DD Form 47 (Record of Induction) shows his DOB as 7 June 1949 * a DD Form 398 (Statement of Personal History) which he completed during his induction processing shows his DOB as 7 June 1949 * item 9 (DOB) of his DD Form 214 shows the DOB 6 July 1949 5. The applicant has requested correction of his DD Form 214 to show the DOB 6 June 1949 (sic). His records show his DOB was correctly recorded as 7 June 1949 when he entered military service, but when...
ARMY | BCMR | CY2008 | 20080019936
Application for correction of military records (with supporting documents provided, if any). The applicant requests: a. correction of his middle name and date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and b. correction of his DOB on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). With respect to the applicant's middle name, the evidence of record shows that the applicant used the middle name...
ARMY | BCMR | CY2012 | 20120004434
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 his date of birth (DOB) as 17 October 1949 instead of 18 October 1949. The evidence of record shows that upon his induction into the Army of the United States, the applicant listed his DOB as 18 October 1949.
ARMY | BCMR | CY2013 | 20130012607
Application for correction of military records (with supporting documents provided, if any). The applicant states: * Army records show his DOB as 29 April 1949 * his correct DOB is 7 May 1949 3. _______ _ __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 | CY2012 | 20120008488
The applicant requests correction of his record to show his correct date of birth (DOB). The DA Form 20 (Enlisted Qualification Record) completed upon his entry on active duty contains the entry "18 Aug 49" in item 6 (DOB). All of the documents contained in the applicant's AMHRR that include his DOB list it as 18 August 1949.
ARMY | BCMR | CY2013 | 20130004428
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his DOB as 9 July 1949. 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 is advised that a copy of this decisional...
ARMY | BCMR | CY2012 | 20120000605
Application for correction of military records (with supporting documents provided, if any). This regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The evidence of record shows the applicant listed his DOB as 22 November 1949 upon enlistment in the Regular Army.
ARMY | BCMR | CY2013 | 20130009707
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 military service records show he served exclusively under the DOB that is entered on his DD Form 214. ABCMR Record of Proceedings (cont) AR20130009707 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.