IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011634
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, 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.
2. He states his DOB is incorrect.
3. He provides his DD Form 214 and State of North Carolina Certificate of Live 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 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 23 December 1971, the applicant enlisted in the Regular Army. Item 21 (DOB) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his DOB as 17 July 1953.
3. On 5 January 1972, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB in item 5 (DOB (Day, Month, Year)) as 17 July 1953.
4. On 5 January 1972, he completed a DD Form 1584 (Department of Defense National Agency Check Request), wherein he listed his DOB in item 5 (Month, Day, Year of Birth) as 17 July 1953.
5. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as 17 July 1953.
6. On 6 December 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 4 (DOB) of his DD Form 214 shows his DOB as 17 July 1957.
7. His DOB is listed on numerous documents contained within his DA Form 201 (Military Personnel Records Jacket) as 17 July 1953.
8. The applicant provides his State of North Carolina Certificate of Live Birth that shows his DOB as 17 July 1953.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he consistently listed his DOB throughout his military career as 17 July 1953. He now provides a Certificate of Birth which confirms his DOB as 17 July 1953. The year of his DOB is incorrectly recorded on his DD Form 214. In view of the foregoing, there is a 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 "57 07 17" from item 4 of his DD Form 214 and replacing it with the entry "53 07 17."
______________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) AR20120011634
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003092
The applicant requests his date of birth (DOB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 June 2002 be corrected to 16 M*** 1975 instead of 29 F*** 1972. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States), completed on 9 March 1995, indicates in item 12 (Date of Birth) that his DOB is 16 M*** 1975. His DOB entered on the DD Forms 4 dated 22 April 1998 and 7 June 2001 are clearly in error.
ARMY | BCMR | CY2014 | 20140012903
The applicant requests correction of his military service records to show his date of birth (DOB) as 12 April 1958 vice 12 October 1957. There is no evidence indicating that the DOB shown on the applicants birth certificate was ever recorded in his military service records. In the absence of evidence showing otherwise, it must be presumed that the DOB entered on his DD Form 214 was the DOB of record at the time of his separation.
ARMY | BCMR | CY2011 | 20110018346
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 30 August 1932 vice 10 June 1932. The applicant's military records are not available to the Board for review. ___________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 | 20110016624
The applicant requests correction of the date of birth (DOB) on his military records. His record contains at least 6 different DD Forms 4 (Enlistment Record Armed Forces of the United States) that document his reenlistments throughout his entire period of service. The evidence of record shows he used "20 Axxxxx 1934" as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of...
ARMY | BCMR | CY2014 | 20140008101
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 22 July 1957 versus 10 July 1958. The evidence of record shows the applicant consistently used 10 July 1958 as his DOB during the entire time of his military service. _______ _ 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 | CY2014 | 20140000936
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 24 May 1943 instead of 25 May 1943. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his DOB consistently appears as 25 May 1943. The evidence of record shows the applicant listed his DOB as 25 May 1943 throughout his military service.
ARMY | BCMR | CY2014 | 20140002500
The applicant requests correction of item 5 (date of birth (DOB)) his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 July 1992, to show his DOB as 15 December 1951. 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. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2012 | 20120007115
His military record should be corrected at this time to consistently document his DOB throughout his military record to show 5 February 1957, his actual date of birth as recorded on birth certificate. While it is understandable that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. As a...
ARMY | BCMR | CY2014 | 20140003330
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as first sergeant (1SG) instead of master sergeant (MSG) and to show his correct date of birth (DOB). His DD Form 214 shows his rank as MSG and his DOB as 18 June 1957. 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 Certificate of Live Birth.
ARMY | BCMR | CY2008 | 20080016416
Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry 13 August 1939. He was honorably discharged on 2 June 1960 for the purpose of immediate reenlistment. There is no indication in the applicant's records that he used 13 August 1940 as his DOB throughout his military service. The applicant requests that his DD Form 214 be corrected to show his correct DOB as 13 August 1940.