IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005482
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 birth month as November.
2. The applicant states his birth month is incorrect on his DD Form 214.
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. On 7 June 1967, he was inducted into the Army of the United States.
3. His DD Form 47 (Record of Induction) and DD Form 398 (Statement of Personal History) show his birth month as November.
4. He was honorably released from active duty on 6 June 1969. His DD Form 214 shows his birth month as May.
5. He submits a copy of his birth certificate showing his birth month as November.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 47, DA Form 398, and birth certificate show his birth month as November.
2. Evidence shows that his birth month was incorrectly entered as May on DD Form 214. As such, he is entitled to have his birth month corrected on his DD Form 214 to that shown on his birth 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 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 amending his DD Form 214 to show his birth month as shown 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) AR20130005482
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005482
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004557
The applicant requests correction of item 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "2448 P----------- Dr., Weslaco, TX. The evidence of record supports the applicant's request to correct item 21 of his DD Form 214 to show an address in Weslaco, TX. There is no evidence showing the street address of his HOR was "2448 P----------- Dr." at the time of induction.
ARMY | BCMR | CY2012 | 20120006589
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006589 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of the date of birth (DOB) and social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 current SSN and DOB and...
ARMY | BCMR | CY2011 | 20110009511
The applicant provides a Certified Transcript of Birth, dated 31 March 2011. It is evident that his last name is spelled "M---ay" in his military records and that item 1 (Last Name First Name Middle Name) of his DD Form 214 was administratively mistyped with his last name as "M---y." ___________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 | 20140005416
ARMY | BCMR | CY2014 | 20140019403
Application for correction of military records (with supporting documents provided, if any). A DD Form 47 (Record of Induction) shows he was inducted on 3 October 1968. The evidence of record shows the applicant correctly recorded his last name as "C-rr----" on a DD Form 398 while processing for induction into the U.S. Army.
ARMY | BCMR | CY2014 | 20140005216
On 25 April 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his DOB as 4 September 1949. His DD Form 47 (Record of Induction) shows his DOB as 4 September1949. _____________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 | 20110006855
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 28 Jxxx xxxx. 2. His DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 18 October 1966. The applicant's record also contains the following documents that show his DOB as 28 Jxxx xxxx: * DD Form 398 (Statement of Personal History) that was completed prior to induction * DA Form 428...
ARMY | BCMR | CY2012 | 20120011030
His applicant's military record shows he was inducted into the Army of the United States on 1 August 1966. His record contains: * DD Form 398 (Statement of Personal History), dated 28 July 1966, that shows his DOB as 18 December 1942 * DD Form 47 (Record of Induction), dated 2 February 1966, that shows his DOB as 18 December 1942 * DA Form 41 (Record of Emergency Data) that shows his DOB as 18 December 1942 5. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant listed...
ARMY | BCMR | CY2014 | 20140006573
His DD Form 47 (Record of Induction) shows his SSN as XXX-XX-9XX3. The applicant's record contains a DD Form 47 and a DD Form 398 that show his SSN as XXX-XX-9XX3 as shown on his U.S. passport and social security card. ___________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 | 20140007447