BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011648
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 19 January 1950 instead of 19 January 1970.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his:
* DD Form 214
* Pennsylvania Driver's License showing a DOB of 19 January 1950
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. The applicant was inducted into the Army of the United States on 16 February 1970.
3. He was honorably released from active duty on 7 January 1972. His
DD Form 214 shows in item 9 (DOB) the entry 19 January 1970.
4. His record contains the following documents showing his DOB as 19 January 1950:
* DD Form 398 (Statement of Personal History)
* DD Form 47 (Record of Induction)
* DD Form 873 (Certificate of Clearance and/or Security Determination)
* DA Form 20 (Enlisted Qualification Record)
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted and served using the DOB of 19 January 1950. The DOB entry on his DD Form 214 is clearly a clerical error.
2. In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct his DD Form 214.
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 amending his DD Form 214 by deleting the entry in item 9 and adding the DOB as it is listed on the Pennsylvania Driver's License.
___________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) AR20120011648
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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The applicant requests correction of his date of birth (DOB) in item 10 (DOB) of his DD Form 214 (Report of Separation from the Armed Forces of the United States). The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 10 of his DD Form 214the current entry and replacing it with the DOB as shown on his birth certificate.
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ARMY | BCMR | CY2014 | 20140001309
The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN with the last four numerals "0882" and his DOB with the year 1950: * DD Form 398 (Statement of Personal History) * DD Form 1584 (National Agency Check Request) * DA Form 41 (Record of Emergency Data) 4. The DD Form 398 was completed by the applicant and he entered his DOB with the year 1950. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2012 | 20120002705
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 February 1948 instead of 5 January 1948. His official military personnel file (OMPF) contains a: a. DD Form 398 (Statement of Personal History) that he completed and signed that lists his DOB as 5 February 1948; b. DD Form 47 (Record of Induction), dated 17 January 1968, that shows his DOB as 5 January 1948; c. DD Form 1584 (National...
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x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his Induction Record to show his date of birth (DOB) as 6 September 1925. His Induction Record shows his DOB as 1 January 1925.
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 | 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 | CY2014 | 20140014765
Application for correction of military records (with supporting documents provided, if any). Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 13 August 19xx. The requested DOB (13 August 19xx) is consistent with the DOB on several official military records throughout his military service.