IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120001617
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 "5 December 1944" instead of "5 December 1964."
2. The applicant states his DOB is wrong on his DD Form 214.
3. The applicant provides his DD Form 214 and Certificate of Birth.
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 (RA) on 6 June 1963 and he held military occupational specialty 31J (Teletype Repairman).
3. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 6 June 1963, lists his DOB as "5 December 1944."
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty shows his DOB as "5 December 1944." He authenticated this form by placing his signature in the appropriate block.
5. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 July 1964, shows his DOB as "5 December 1944."
6. His records contain various forms and documents that show his DOB as "5 December 1944."
7. A DA Form 348 (Driver Qualification Record), dated 4 February 1965, shows his DOB as "5 December 1944."
8. He was honorably released from active duty on 28 May 1966 and he transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 23 days of creditable active service.
9. Item 6 (DOB) of his DD Form 214 contains the entry "5 December 1964."
10. The applicant provides a Wisconsin Certificate of Birth, dated 1 November 2006, that shows an individual with the same full name as the applicant was born on "5 December 1944."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his DOB as "5 December 1944" upon his enlistment in the RA as shown on his DD Form 4. This is the DOB that was used throughout his period of active service. It appears an administrative error occurred during the preparation of his DD Form 214 resulting in his DOB being reflected as "5 December 1964," after the date of his enlistment.
2. In view of the foregoing, his 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 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 6 of his DD Form 214 the current entry and replacing it with the entry "5 December 1944," as shown on his Certificate of Birth.
____________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) AR20120001617
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001617
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019508
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 XX June 1964, instead of XX June 1963. The evidence of record shows he enlisted in the Regular Army using XX June 1963 as his DOB. As such, it would be appropriate to correct his DD Form 214 to show his correct DOB.
ARMY | BCMR | CY2010 | 20100019077
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 change his date of birth (DOB) from "10 April 1944" to "10 March 1944." He is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his Official Military Personnel...
ARMY | BCMR | CY2014 | 20140009945
His DA Form 24 (Service Record) which was created upon his entry on active duty also listed his Service Number as "RA-17-497-XXX." His DD Form 214 shows he completed 3 years of active service. The date of separation listed on his DD Form 214 is correct and there is no reason to change it.
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 | CY2012 | 20120004548
His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his middle initial as "W" and his year of birth as 1942. The evidence of record shows the applicant used the middle name "Worsely" and listed the year of his DOB as 1942 upon his initial enlistment in the ARNG and upon his subsequent enlistment in the RA. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2014 | 20140019569
His records contain the following: * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 12 August 1963, which lists his DOB as "XX June 1946" and his eye color as "Hazel" * DD Form 398 (Statement of Personal History), dated 1 March 1964, which lists his DOB as "XX June 1946" and his eye color as "Hazel" * DA Form 41 (Record of Emergency Data), dated 6 July 1964, which lists his DOB as "XX June 1942" and does not list his eye color * DA Form 20 (Enlisted Qualification...
ARMY | BCMR | CY2011 | 20110008180
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 8 April 1963 instead of 3 April 1963. His record contains a DA Form 3975 (Military Police Report) which shows his DOB as 8 April 1963. _______ _ 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.
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 | 20120020030
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his year of birth as 1964 vice 1966 and the issuance of an Honorable Discharge Certificate. 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. As a result, the Board...
ARMY | BCMR | CY2013 | 20130009225
A review of his records shows his DOB was recorded as 4 December 1943 throughout his military service with two exceptions: * a DA Form 41 (Record of Emergency Data), dated 7 May 1964 and signed by the applicant, shows his DOB as "4 Dec 37" * a Standard Form 601 (Immunization Record) shows his DOB entered as "12 Apr 43" 4. He provided a birth certificate showing his DOB as 19 September 1944. The applicant's military service records show no evidence that he served under the DOB he claims is...