IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120009325
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 month of his date of birth (DOB) as May instead of March.
2. The applicant states his DD Form 214 contains an error. The month of his DOB should be listed as May.
3. The applicant provides:
* Birth certificate
* Texas Driver 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. The applicant enlisted in the Regular Army on 31 December 1970. His enlistment contract shows the month of his DOB as May.
3. Item 9 (DOB) of his DD Form 214 shows the month of his DOB as March.
4. His service personnel records show the month of his DOB as May.
5. He provides a copy of his birth certificate which shows the month of his DOB as May.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born in May and his enlistment contract and birth certificate support this contention.
2. Based on the foregoing, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as it is listed 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 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 the entry in item 9 of his DD Form 214 and adding the DOB as it is listed 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) AR20120009325
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009325
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120017194
BOARD DATE: 16 April 2013 DOCKET NUMBER: AR20120017194 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 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 4 July 1955 instead of 4 February 1955.
ARMY | BCMR | CY2010 | 20100027830
In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 27 June 1953. There were no documents, other than his DD Form 214, that listed his DOB as 27 January 1953. DISCUSSION AND CONCLUSIONS: The evidence of record shows that upon his enlistment in the RA, the applicant listed his DOB as 27 June 1953.
ARMY | BCMR | CY2012 | 20120013675
Item 9 (DOB) of this DD Form 214 shows his DOB as 1 January 19xx. Item 21 of his DD Form 4 listed his DOB as 31 January 19xx. It appears some of his service records, including his DD Form 214 inadvertently listed his DOB based on what was shown on his enlistment record.
ARMY | BCMR | CY2011 | 20110009199
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) on his DD Form 214 shows his DOB as 30 Jxxxxxx xxxx. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his military record.
ARMY | BCMR | CY2011 | 20110002677
The applicant requests correction of his records to show his date of birth (DOB) as 10 February 1929 instead of 28 November 1928. In each case, he indicated his DOB was 28 November 1928 and he authenticated each reenlistment contract by placing his signature in the appropriate blocks. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is...
ARMY | BCMR | CY2012 | 20120011634
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 17 July 1953 instead of 17 July 1957. The year of his DOB is incorrectly recorded on his DD Form 214. ______________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 | CY2009 | 20090004471
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 9 August 1932 instead of 5 December 1929. His enlistment/ reenlistment contracts are not available for review with this case; however, the two DD Forms 214 he was issued show his DOB as 5 December 1929.
ARMY | BCMR | CY2014 | 20140014685
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show: * he has no middle name * his date of birth (DOB) as 2 July XXXX instead of 4 July XXXX 2. Although the applicant requests correction of his DD Form 214 to show no middle name and his DOB as something other than what is listed, all of the documents in his available military records show he served using the same middle name and DOB that are listed on his DD Form 214 throughout his tenure of...
ARMY | BCMR | CY2010 | 20100021252
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 16 June 1950. Item 9 (DOB) of this DD Form 214 shows his DOB as 16 January 1950.
ARMY | BCMR | CY2014 | 20140001145
The applicant requests correction of his record to show his date of birth (DOB) as 29 December XXXX instead of 12 December XXXX. The DOB entries listed on the following documents created during the applicant's enlistment processing or after his entry on active duty each list his DOB as 29 December XXXX: * Standard Form 88 (Report of Medical Examination), dated 13 August 1971, item 12 * DA Form 20 (Enlisted Qualification Record), item 6 * DD Form 1584 (National Agency Check Request), item...