IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110010832
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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 February 1970 to show the middle name of Alan instead of Allen. In addition, the applicant requests that his date of birth (DOB) be corrected to show 29 May 1947 instead of 29 March 1947.
2. He states that his middle name and DOB on his DD Form 214 are incorrect.
3. The applicant provides:
* his DD Form 214
* his State of Illinois Certificate of Birth Department of Health and Environmental Control Birth Certificate, issued on 31 May 1945, that shows his middle name as Alan
* his Social Security Card with the first name Alan
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 enlisted in the Regular Army on 13 February 1967.
3. All documents in his available service personnel and medical records show his middle name as Alan and his DOB as 29 May 1947.
4. His Official Military Personnel File (OMPF) contains the below enlisted documents that show his middle name as Alan and his DOB as 29 May 1947:
* DA Form 20 (Enlisted Qualification Record), Audited on 8 April 1969
* DD Form 4 Enlisted Record Armed Forces of the Unites States), dated 13 February 1967
* DD Form 398 (Statement of Personal History)
* DA Form 41 (Record of Personnel Data), dated 13 February 1967 Armed Forces of the U.S. Geneva Convention Card
5. On 12 February 1970, he was honorably released from active duty. His DD Form 214 shows his middle name as Allen. Item 9 (DOB) of his DD Form 214 shows that applicant was born 29 March 1947.
6. The applicant provided his State of Illinois Certificate of Birth and his Social Security Card that shows his middle name as Alan and his DOB as 29 May 1947.
7. 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 the DD Form 214 is a synopsis of the Soldiers 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:
The applicant's DD Form 214 for the period ending 12 February 1970
erroneously shows his middle name as Allen and his DOB as 29 March 1947. His DA Form 20, DD Form 4, DD Form 398, DA Form 41, Armed Forces of the U.S. Geneva Convention Card, Illinois Certificate of Birth, and Social Security Card confirm that his DD Form 214 is incorrect. The preponderance of evidence supports his contention that his middle name and DOB on his DD Form 214 are incorrect. Therefore, his DD Form 214 should be corrected to reflect his middle name as Alan and correct his DOB to read 29 May 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 all Department of the Army records of the individual concerned be corrected by deleting from item 1 of his DD Form 214 the entire name and replacing it with his name as shown on his social security card and deleting from item 9 of his DD Form 214 the DOB entry of 29 March 1947 and replacing It with 29 May 1947.
___________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) AR20110010832
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110010832
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000793
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) by showing his correct social security number (SSN). Those documents showing the number he now claims to be correct include: * DD Form 398 (Statement of Personal History), dated 6 September 1966 * SO# 293, Fort Hood, Texas, dated 6 December 1967 3.
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.
ARMY | BCMR | CY2014 | 20140010741
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 DD Form 47 (Record of Induction), dated 3 January 1968, shows: * his first name as R__Y__ND * his SSN as XXX-XX-9733 * his DOB as 5 December 1947 3. Although the birth certificate provided by the applicant shows his first...
ARMY | BCMR | CY2008 | 20080019542
Application for correction of military records (with supporting documents provided, if any). 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. With respect to the applicants middle name, the applicants record of induction shows his middle name as Edward....
ARMY | BCMR | CY2003 | 2003083675C070212
The applicant requests that the Report of Transfer or Discharge (DD Form 214) be corrected to show his correct middle name; date of birth (DOB) and social security number (SSN). The applicant’s military records show that on 4 February 1966, prior to his enlistment, he completed a Statement of Personal History (DD Form 398) showing his middle name, his DOB and his SSN as reflected on his Certification of Birth and his social security card. This Board is unsure as to why the applicant when...
ARMY | BCMR | CY2014 | 20140017493
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 25 December XXXX. His record contains a DD Form 398 (Statement of Personal History) and a DD Form 428 (Application for ID Card) showing his DOB as 25 December XXXX. Therefore, the available evidence is sufficient to correct his DD Form 214 to show the DOB listed on his U.S. Passport.
ARMY | BCMR | CY2011 | 20110019455
Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 21 December 1946. Item 9 (DOB) of his DD Form 214 shows his DOB as 21 December 1947. The evidence of record shows at the time he was inducted into the Army, his DOB was listed as 21 December 1946.
ARMY | BCMR | CY2008 | 20080009481
Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as Lxxe and Item 5 (Date of Birth) shows his DOB as 1 May 1970. The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial L, and his last name. The applicant requests that his DD Form 214 be corrected to show his middle name as Elxxxe" and his DOB as 1 May...
ARMY | BCMR | CY2014 | 20140005416
ARMY | BCMR | CY2011 | 20110010754
His DD Form 47 (Record of Induction) shows his original SSN was marked through and he was assigned a temporary identification number (TIN) of 9xx-xx-xxxx. He provided a copy of his social security card which shows his SSN as 4xx-xx-xxxx which is different from the SSN recorded throughout his military records. Although the applicant's social security card shows the SSN of 4xx-xx-xxxx, it appears he did not have confirmation of this information when he processed for induction or during his...