IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020234
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 9 January 1980 instead of 9 August 1980.
2. He states a mistake was made by the processing officer.
3. He provides his DD Form 214, his birth certificate, and his Maryland 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 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. His military records show he enlisted in the Regular Army on 27 August 1998.
3. His enlistment documents maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain his birth certificate, his Maryland driver's license, his DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), and a Standard Form 88 (Report of Medical Examination) showing his DOB as 9 January 1980.
4. His DD Form 4 (Enlistment or Reenlistment Document) contained in iPERMS and the DD Form 214 he was issued at the time of his release from active duty on 26 August 2002 show his DOB as 9 August 1980.
DISCUSSION AND CONCLUSIONS:
His DD Form 4 and DD Form 214 show his DOB as 9 August 1980. However, his enlistment documents in his records contain his DD Form 1966/1, Standard Form 88, a copy of his birth certificate, and state driver's license showing his DOB as 9 January 1980. As such, it appears the birth month on his DD Form 4 and DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 to show his DOB as 9 January 1980.
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 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 amending item 5 (Date of Birth) on his DD Form 214 to show the DOB 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) AR20110020234
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020234
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001922
The applicant requests, in effect, that his date of birth (DOB) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant's military personnel record contains a DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) that was completed on 1 April 2004 which shows in item 10 (Date of Birth) 3 March 1980. The DOB shown on his DD Form 214 was used throughout his military record and he was honorably discharged using the...
ARMY | BCMR | CY2014 | 20140004142
The applicant requests correction of his: * DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 June XXXX instead of 14 February XXXX * DD Form 2 (Uniformed Services Identification Card) to show his social security number (SSN) as XXX-XX-X2XX instead of XXX-XX-X1XX 2. His DD Form 214 shows his DOB as 14 February XXXX. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2014 | 20140000708
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 18 January 1956 instead of 18 August 1956. His DD Form 1966 (Application for Enlistment) and DD Form 4 (Enlistment Contract) show his DOB as 18 January 1956. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show the DOB listed on his driver license.
ARMY | BCMR | CY2011 | 20110005069
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 27 July 1948 instead of 27 February 1948. His DD Form 47 (Record of Induction) shows his DOB as 27 July 1948. His DD Form 47, Standard Form 93, Standard Form 88, and other documents all show his DOB as 27 July 1948.
ARMY | BCMR | CY2013 | 20130001568
Application for correction of military records (with supporting documents provided, if any). His records contain the following documents showing his middle name as "Ridgley": * DD Form 4 (Enlistment Record Armed Forces of the United States) * DA Form 428 (Application for Identification Card) * DD Form 398 (Statement of Personal History) 5. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...
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 | CY2010 | 20100013739
Application for correction of military records (with supporting documents provided, if any). Item 19 (Mailing Address After Separation) to show "2022 S.W. The evidence of record shows that at the time of his enlistment the applicant used 9 March 1961 as his DOB.
ARMY | BCMR | CY2014 | 20140008014
He later served in the TXARNG for more than 15 years under the name and DOB shown on his birth certificate, and he indicates the discrepancies in his records are causing problems in his VA records. Although he later enlisted in the TXARNG under the DOB shown on his birth certificate, there is no basis for amending a DOB that was believed to be correct when the DD Form 214 in question was created. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110013094
A DD Form 47 (Record of Induction) shows his DOB with the year 1944. Item 9 (Date of Birth) of his DD Form 214 shows his DOB with the year 1944. There is sufficient evidence to show the year shown for his DOB on his DD Form 214 is incorrect.
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.