IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020166
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 his date of birth (DOB) as 28 December 1947 instead of 27 December 1947.
2. He states his DOB is incorrect. He states he noticed the error when he applied for a Department of Veterans Affairs home loan.
3. He provides his DD Form 214 and his State of Maine Birth Registration 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 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. On 7 September 1966 in preparation for his upcoming enlistment, the applicant completed a Standard Form 88 (Report of Medical Examination) wherein he listed his DOB as 28 December 1947 in item 12 (DOB).
3. On 15 September 1966, he applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 28 December 1947 in item 5 (DOB).
4. On 17 October 1966, he enlisted in the Regular Army. Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 28 December 1947.
5. On 16 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 9 (DOB) of his DD Form 214 shows his DOB as 27 December 1947.
6. Throughout his records his DOB consistently appears as 28 December 1947 with the exception of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record) on which his DOB is typed as 27 December 1947.
7. The applicant provides his State of Maine Birth Registration Card that shows his DOB as 28 December 1947.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DOB is incorrectly documented on his DD Form 214.
The evidence of record shows he consistently listed his DOB as 28 December 1947 throughout his military career. He now provides a Birth Registration Card which confirms his DOB as 28 December 1947. His DOB is listed differently on his DD Form 214; 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 to grant the requested relief in this case.
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 the entry "27 Dec 47" from item 9 of his DD Form 214 and replacing it with the entry "28 Dec 47."
_____________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) AR20110020166
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100030153
Application for correction of military records (with supporting documents provided, if any). However, in this case given that there was an inconsistency in the DOB recorded at the time of the applicant's induction process it would be appropriate to correct his DD Form 214 to reflect the DOB that is recorded on his birth certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 9 of his DD Form 214 by...
ARMY | BCMR | CY2012 | 20120003071
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 "2 December 1946" instead of "2 December 1947." The DD Form 214 he was issued at the time shows his DOB as "2 December 1947." Having listed his correct DOB at the time of induction and on his DD Form 398, and using this DOB throughout his military service, his DD Form 214 should be corrected to show his DOB as "2 December 1946."
ARMY | BCMR | CY2013 | 20130002953
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 7 September 1947 instead of 7 September 1957 * blood type as "A negative" instead of "A" 2. His record also contains a Standard Form 601 (Immunization Record) that shows on 11 November 1966, he was identified with blood type (group) as "A"...
ARMY | BCMR | CY2010 | 20100026237
The applicants request to correct his military record to show his DOB as 24 March 1947, as is listed on his birth certificate, has been carefully considered. However, the evidence of record confirms the applicant was inducted, served, and was separated from the Army using the DOB 24 March 1946. All documents on file in the applicant's official military personnel file (OMPF) that list a DOB, including the DD Form 47 prepared during his induction processing, the DA Form 20 prepared upon his...
ARMY | BCMR | CY2014 | 20140015841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 September 1966, as follows: * Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927 * Item 7a (Race) from NA to American Indian * Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3 * Item 16 (Date Inducted), from blank to actual date of induction * Item 24b (Total Active Service) from 20 years, 6 months,...
ARMY | BCMR | CY2014 | 20140006727
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his birth...
ARMY | BCMR | CY2009 | 20090002848
The evidence of record shows that upon his initial induction, the applicant's DOB was listed as 24 January 1947. The evidence of record also shows that during his next enlistment and reenlistment, the applicant used 24 January 1947 as his DOB which is also consistent with various documents in his personnel service records and his birth certificate. Therefore, all his three DD Forms 214 should be corrected to show his DOB as 24 January 1947.
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 | CY2013 | 20130018070,
The applicant requests in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 June 1939 instead of 4 December 1938. Item 5 of the applicant's DD Form 47 (Record of Induction) and various other documents in his Official Military Personnel File (OMPF) list his DOB as 4 December 1938. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2012 | 20120005053
The applicants Military Personnel Records Jacket (MPRJ) contains a DA Form 3027 U.S. Army Request for National Agency Check), dated 2 November 1966, which also lists his DOB as 25 May 1947 in item 5 (Day, Month, Year of Birth) and his POB as Charleston, West Virginia in item 6 (Place of Birth). Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered...