IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110016313
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 2 September 1954.
2. The applicant states his date of birth in incorrect on his DD Form 214.
3. The applicant provides:
* DD Form 214
* DA Form 256A (Honorable Discharge Certificate)
* Certification of Birth
* Social Security card
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's record shows, in conjunction with his enlistment in the Regular Army (RA) on 30 September 1971, he completed a DD Form 398 (Statement of Personal History). Item 5 (DOB) shows the entry 2 September 1954.
3. His DD Form 4 (Enlistment Contract Armed Forces of the United States), prepared on the same day, shows he enlisted in the RA on 30 September 1971. Item 21 (DOB) of this document shows the entry 7 September 1954.
4. A review of documents contained in his official military personnel file (OMPF) shows his DOB predominantly appears as 2 September 1954. These documents include:
* Standard Form 88 (Report of Medical Examination)
* DA Form 20 (Enlisted Qualification Record)
* Armed Forces Finger Print Card
* DA Form 428 (Application for Identification Card)
5. He provided a copy of his Certification of Birth issued by the City of Buffalo, Division of Vital Statistics, dated 29 August 1978. This certificate confirms a male of the same name was born on 2 September 1954. The birth was filed on
7 September 1954.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. It states for item 6, the entry is self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the only two documents that record his DOB as
7 September 1954 are his DD Form 4 and DD Form 214. It is presumed that his DD Form 4 was used as the source document for completing his DD Form 214, resulting in the transfer of the incorrect DOB. It is also presumed that as a result of an administrative error, the filing date of 7 September 1954 on the applicant's Certification of Birth was mistakenly listed as his date of birth although this certification specifically shows the named child was born on 2 September 1954, as the applicant claims.
2. Nevertheless, the preponderance of the evidence in the applicant's OMPF shows his DOB as 2 September 1954 on all documents requiring a DOB.
3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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 4 of his DD Form 214 the entry "540907" and replacing it with the entry "540902."
___________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) AR20110016313
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016313
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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