IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020030
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 year of birth as 1964 vice 1966 and the issuance of an Honorable Discharge Certificate.
2. The applicant states his DOB reads 26 June 1966 on his DD Form 214 when it should be 26 June 1964, and he was not issued an Honorable Discharge Certificate.
3. The applicant provides his DD Form 214 and 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 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 enlisted in the Regular Army on 3 January 1985. Item 6 (DOB) of his DD Form 4 (Enlistment/Reenlistment Contract Armed Forces of the United States) listed his DOB as 26 June 1964. He authenticated this form by placing his signature in the appropriate places.
3. His DA Form 2A (Personnel Qualification Record Part I) which was created upon his entry on active duty listed his DOB as 26 June 1964.
4. He completed a DA Form 428 (Application for Identification Card) on 17 December 1987 and indicated his DOB was 26 June 1966. However, he crossed out "1966" and handwrote "1964," then placed his initials in this block.
5. He was honorably released from active duty on 18 December 1987 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.
6. Item 5 (DOB) of his DD Form 214 shows his DOB as 26 June 1966.
7. He was honorably discharged from the USAR in the rank/grade of private first class/E-3 on 5 January 1993 after completing his military service obligation.
8. He provides a birth certificate, dated 20 July 2012, that shows his DOB as 26 June 1964.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant listed his DOB as 26 June 1964 upon his enlistment in the Regular Army. His enlistment contract and at least two other documents list this DOB. However, his DD Form 214 inadvertently listed his year of birth as 1966. He is entitled to correction of his DD Form 214 to show DOB as shown on his enlistment contract.
2. He was honorably discharged from the USAR on 5 January 1993 after completing his military service obligation. Therefore, he is entitled to the issuance of an Honorable Discharge Certificate.
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 to show his DOB as 26 June 1964
* issuing him an Honorable Discharge Certificate effective 5 January 1993
___________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) AR20120020030
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020030
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001617
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 December 1944" instead of "5 December 1964." His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty shows his DOB as "5 December 1944." The evidence of record shows the applicant listed his DOB as "5 December 1944" upon his enlistment in the RA as shown on his DD Form 4.
ARMY | BCMR | CY2011 | 20110018319
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 18 September 1964, to show his date of birth (DOB) as 11 June 1943 instead of 5 June 1943. Every document contained in his record, including his record of enlistment shows he was born on 5 June 1943. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2014 | 20140018469
The applicant requests correction of the date of birth (DOB) recorded in his military records. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant offers insufficient evidence to warrant a change of the DOB in his official military service records. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2014 | 20140009945
His DA Form 24 (Service Record) which was created upon his entry on active duty also listed his Service Number as "RA-17-497-XXX." His DD Form 214 shows he completed 3 years of active service. The date of separation listed on his DD Form 214 is correct and there is no reason to change it.
ARMY | BCMR | CY2015 | 20150003329
With the exception of the DOB, the information on the 2003 birth certificate provided matches the same information provided by the applicant at the time of his induction. __________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) AR20150003329 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2014 | 20140008014
He later served in the TXARNG for more than 15 years under the name and DOB shown on his birth certificate, and he indicates the discrepancies in his records are causing problems in his VA records. Although he later enlisted in the TXARNG under the DOB shown on his birth certificate, there is no basis for amending a DOB that was believed to be correct when the DD Form 214 in question was created. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140015841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 September 1966, as follows: * Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927 * Item 7a (Race) from NA to American Indian * Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3 * Item 16 (Date Inducted), from blank to actual date of induction * Item 24b (Total Active Service) from 20 years, 6 months,...
ARMY | BCMR | CY2009 | 20090021077
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 December 1966 be changed to show his first name as P______e instead of P___y and his date of birth (DOB) changed to show 14 August 1942 instead of 13 August 1942. All documents that list a DOB show 13 August 1942.
ARMY | BCMR | CY2013 | 20130005657
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 28 June 1971 to show in Item 9 (Date of Birth (DOB)) his year of birth as 1947 vice 1946. The applicant states upon entry into the Army, the recruiting official placed his year of birth as 1946 so he could join the Army. His year of birth is consistent with the year of birth on all official military records throughout his entire military service.
ARMY | BCMR | CY2010 | 20100013123