BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110013094
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) to show the year of his date of birth (DOB) as 1946 instead of 1944.
2. The applicant states the DD Form 214 is incorrect.
3. The applicant provides his:
* DD Form 214
* birth certificate
* driver's license
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. A Selective Service System (SSS) Form Number 254 (Application for Voluntary Induction) signed by the applicant on 25 August 1965 shows his DOB with the year 1946.
3. A DD Form 47 (Record of Induction) shows his DOB with the year 1944.
4. The information completed by the applicant on a Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) for his pre-induction examination shows his DOB with the year 1946.
5. His DA Form 20 (Enlisted Qualification Record) shows his DOB with the year 1946.
6. He was released from active duty on 21 September 1967. Item 9 (Date of Birth) of his DD Form 214 shows his DOB with the year 1944.
7. The birth certificate from the State of Missouri shows his DOB with the year 1946. His driver's license shows his DOB with the year 1946.
DISCUSSION AND CONCLUSIONS:
1. It is clear a typographical error occurred when transcribing his DOB from his SSS Form No. 254 to his DD Form 47. Other documents in his Military Personnel Records Jacket that require his DOB show his year of birth as 1946.
2. His birth certificate and driver's license show his DOB with the year 1946.
3. There is sufficient evidence to show the year shown for his DOB on his DD Form 214 is incorrect. Therefore, it is appropriate to change his DOB on this document to the date shown on his birth certificate.
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 changing item 9 of his DD Form 214 to reflect his DOB as shown on his birth certificate.
___________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) AR20110013094
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013094
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110007827
The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his DOB as "2 Jun 42." Item 6 (DOB) of the DD Form 214 for this period of service shows the entry "2 Jun 43." Although the applicant's DD Form 47 listed his DOB as 2 June 1943 upon his induction, other than his DD Form 214 for the period ending 27 November 1963 all other documents contained in his official military records show his DOB as 2 June 1942.
ARMY | BCMR | CY2012 | 20120010376
Application for correction of military records (with supporting documents provided, if any). The applicant completed a Selective Service System (SSS) Form 254 (Application for Voluntary Induction), dated 11 March 1965. His DD Form 47 (Induction Record) shows he was inducted into the Army of the United States on 9 April 1965.
ARMY | BCMR | CY2012 | 20120009756
The applicant requests correction of the name and date of birth (DOB) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states the correct information his DD Form 214 should be the name and DOB on his current drivers license which includes no middle name. The version in effect at the time of the applicant's discharge states the DA Form 20, along with all available documents in the official military personnel records, were the source records...
ARMY | BCMR | CY2014 | 20140003417
The applicant requests reconsideration of his previous request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 December 1967 to show his year of birth as 1947 instead of 1946. His DD Form 47 (Record of Induction) shows the year of his DOB as 1946. All other documents in the applicant's Military Personnel Records Jacket (MPRJ) show his DOB with the year as 1946 and he signed those documents when required.
ARMY | BCMR | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
ARMY | BCMR | CY2014 | 20140021768
Application for correction of military records (with supporting documents provided, if any). The following documents in his official military personnel file show his DOB as 21 December 1942: * DD Form 348 (Driver Qualification Record) * DD Form 398 (Statement of Personal History) * DA Form 20 (Enlisted Qualification Record) * Standard Form 46 (U.S. Government Motor Vehicle Operator Identification Card) 4. It would be appropriate to correct this error by replacing the entry in item 6 of his...
ARMY | BCMR | CY2012 | 20120022624
His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 30 June 1967, shows his first name as Cxxmmie and his DOB as 27 November 19xx. ___________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) AR20120022624 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...
ARMY | BCMR | CY2014 | 20140021313
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his date of birth (DOB) as XX May 1946 instead of XX March 1946 and b. award of the Meritorious Service Medal (MSM). His DD Form 47 (Record of Induction) shows his DOB as XX May 1946. Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 to show his DOB as XX May 1946 instead of XX March 1946.
ARMY | BCMR | CY2014 | 20140014960
The applicant requests his date of birth (DOB) be changed to 16 April 1935 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 April 1960. His DD Form 47 (Record of Induction) shows his DOB as 16 May 1935. Therefore, his DD Form 214 should be corrected to show his DOB as 16 April 1935.
ARMY | BCMR | CY2011 | 20110012905
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * social security number (SSN) ends with the number "3" instead of "2" * date of birth (DOB) is 21 July 19XX instead of 17 July 19XX 2. All documents in his record other than his DD Form 214 show his DOB as 21 July 19XX. The orders releasing the applicant from active duty, a DA Form 20, and his DD Form 214 show an SSN ending with the number "2."