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).
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 4 July 1955 instead of 4 February 1955.
2. The applicant states:
* the month of his birth date is incorrect
* he was born on 4 July 1955
3. The applicant provides a copy of his birth certificate.
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 2 September 1986. His enlistment contract shows his DOB as 4 July 1955. He served as a food service specialist and he was discharged on 23 April 1992.
3. Item 5 (DOB) of his DD Form 214 shows his DOB as 4 February 1955.
4. He provides a copy of his birth certificate which shows his DOB as 4 July 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 4 July 1955 and his enlistment contract and birth certificate support this contention.
2. Based on the foregoing, it would be appropriate to correct item 5 of his DD Form 214 to show his DOB as 4 July 1955.
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 5 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) AR20120017194
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120017194
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007786
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 | CY2011 | 20110015833
The applicant requests correction to the date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). The applicants military record contains a DD Form 398 (Statement of Personnel History) he completed and signed on 10 September 1973. _______ _ _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 | 20140003977
BOARD DATE: 16 October 2014 DOCKET NUMBER: AR20140003977 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his military records to show his date of birth (DOB) as 9 June 1926 instead of 19 June 1926. DISCUSSION AND CONCLUSIONS: The applicant contends he was born on 9 June 1926 and his DD Form 398 (dated 26 September 1966), DD Form 4 (dated 28 September 1961), and DD Forms 214 for the periods ending 27 September 1961, 31 March 1964, and 31 July 1969...
ARMY | BCMR | CY2012 | 20120012118
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 | CY2013 | 20130004874
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his military service records to show his correct date of birth (DOB) and award of the Korea Defense Service Medal (KDSM). The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted and entered active duty on 25 May 1953.
ARMY | BCMR | CY2009 | 20090002558
The applicant requests that the year of his date of birth (DOB) be changed from 1929 to 1928 in Block 10 (Date of Birth) on his DD Form 214 (Report of Separation from the Armed Forces of the United States). Therefore, the birth certificate is accepted as sufficient evidence on which to correct of his records to show his DOB as 3 November 1928. 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 to...
ARMY | BCMR | CY2013 | 20130014065
The evidence of record clearly shows that the applicant used a date of birth of 23 June 1955 when he enlisted. However, it was recorded as 26 June 1955 on his DD Form 214 at the time of his discharge. In view of the above, it would be appropriate to correct the applicant's DD Form 214 to show his date of birth as indicated on his birth certificate and in his military records.
ARMY | BCMR | CY2008 | 20080008690
Application for correction of military records (with supporting documents provided, if any). Item 1 (Name) of the applicants DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his last name as Moxxhead and Item 15 (Date of Birth) shows he was born on 21 November 1938. With respect to the applicants last name on the DD Form 214, dated 6 November 1961, the evidence of record shows the applicant enlisted and served using his last name Moxxhead throughout his military...
ARMY | BCMR | CY2011 | 20110011379
Item 9 of his DD Form 214 for the period ending 16 March 1969 shows he was born on 7 February xxxx. The preponderance of evidence in this case shows he was born on 2 July xxxx. _______ _ _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.