Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120013568
Original file (20120013568.txt) Auto-classification: Approved

		 

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120013568 


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 18 December 1950 instead of 15 December 1950.

2.  The applicant states his DOB is incorrect.

3.  The applicant provides his birth certificate, driver's license, and DD Form 214.

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.  In connection with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) on 22 December 1967.  Item 5 (DOB) shows the entry "18 12 50" which indicates he was born on 18 December 1950.  He authenticated this form by signing his name in the appropriate place.

3.  His record contains a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) authenticated by the applicant's parent or legal guardian which shows the applicant's DOB as "18 December 1950."

4.  He enlisted in the Regular Army on 28 December 1967.  He was honorably released from active duty as an overseas returnee on 21 December 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 14 days of total active service.  Item 9 (DOB) of his DD Form 214 shows the entry "15 DEC 50."

5.  The applicant provides a copy of his birth certificate which shows his DOB as "18 December 1950."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  It states item 9 is self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his DOB as 18 December 1950 vice 15 December 1950.

2.  The applicant's enlistment documents show his DOB as 18 December 1950 and the applicant has provided a birth certificate which supports this date.  It appears the incorrect DOB listed on his DD Form 214 was a result of a typographical error and/or administrative oversight.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as 18 December 1950.



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 "15 DEC 50" from item 9 of his DD Form 214 and replacing it with the entry "18 DEC 50."



      __________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)                                         AR20120013568



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120013568



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110000662

    Original file (20110000662.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show his middle name as Allan instead of Allen. The regulation in effect at the time provided that that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.

  • ARMY | BCMR | CY2002 | 2002076177C070215

    Original file (2002076177C070215.rtf) Auto-classification: Denied

    In support of his application, he submits a copy of his birth certification card, copies of his separation documents from the Regular Army (DD Form 214) and the Army National Guard (NGB Form 22). EVIDENCE OF RECORD : The applicant's military records show: The DOB listed in Item 15 (Date of Birth) of the Enlistment Record (DD Form 4) listed his DOB as 10 April 1940.

  • ARMY | BCMR | CY2011 | 20110021440

    Original file (20110021440.txt) Auto-classification: Approved

    The FSM's DD Form 373, dated 18 September 1959, shows his DOB as 25 December 1941. His enlistment record shows his DOB as 25 December 1941. The FSM's DD Form 214 shows his DOB as 18 June 1939.

  • ARMY | BCMR | CY2013 | 20130011758

    Original file (20130011758.txt) Auto-classification: Approved

    This document shows his last name as G____s and his SSN as 7XX-4X-XXX0. A DD Form 458 (Charge Sheet), dated 27 October 1969, shows court-martial charges were preferred against the applicant for violating Article 86 of the UCMJ by departing his unit in an AWOL status on or about 23 July 1969 and remaining so absent until on or about 4 October 1969. On 12 November 1969, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200,...

  • ARMY | BCMR | CY2012 | 20120012426

    Original file (20120012426.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 28 April 1952 instead of 25 April 1952. His DOB is listed throughout his DA Form 201 (Military Personnel Records Jacket) as either 25 April 1952 or 28 April 1952. The evidence also shows his DOB was listed as 28 April 1952 at various times throughout his active military service.

  • ARMY | BCMR | CY2011 | 20110002589

    Original file (20110002589.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 1 September 2011 DOCKET NUMBER: AR20110002589 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 15 (DOB) of his DD Form 4 (Enlistment Record) listed his DOB as 25 December 1941. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.

  • ARMY | BCMR | CY2014 | AR20140010323

    Original file (AR20140010323.txt) Auto-classification: Approved

    The applicant requests his date of birth (DOB) and social security number (SSN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 September 1968. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the last four numerals "51x6" and his DOB as 31 August 1948. Therefore, there is sufficient evidence to correct his DD Form 214 to show his DOB as 31 August 1948.

  • ARMY | BCMR | CY2008 | 20080016416

    Original file (20080016416.txt) Auto-classification: Denied

    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.

  • ARMY | BCMR | CY2012 | 20120007786

    Original file (20120007786.txt) Auto-classification: Denied

    All of the documents contained in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that includes the applicant's DOB lists his DOB as 13 April 1937. The applicant contends his military record should be corrected to show his correct DOB as 13 April 1938. The available evidence of record shows he served using the DOB of 13 April 1937.

  • ARMY | BCMR | CY2010 | 20100010233

    Original file (20100010233.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * the Purple Heart * his date of birth (DOB) as 14 August 1950 2. There are no orders in the applicant's records to show he was awarded the Purple Heart. The applicant requests correction of his DD Form 214 to show award of the Purple Heart and his correct DOB.