IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008231
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 18 September 1964 instead of 18 September 1965.
2. The applicant states his correct DOB is 18 September 1964. He contends that 18 September 1965 is the date when he was adopted.
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 U.S. Army Reserve Delayed Entry Program on 13 October 1981 and in the Regular Army on 28 May 1982.
3. His DD Form 4 (Enlistment/Reenlistment Document) and DD Form 1966 (Record of Military Processing) show his DOB as 18 September 1964.
4. He was discharged on 25 October 1985. His DD Form 214 shows his DOB as 18 September 1965.
5. He provides a copy of his birth certificate which shows his DOB as 18 September 1964.
6. Army Regulation 635-5 (Separations 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's contention that his DD Form 214 should be corrected to show his DOB as 18 September 1964 has been carefully considered.
2. His DD Form 4 and DD Form 1966 show his DOB as 18 September 1964. He provides his Certificate of Live Birth which shows the same DOB as shown on his enlistment documents. Therefore, it appears that an administrative error during preparation of his DD Form 214 occurred that resulted in an incorrect DOB being recorded.
3. In view of the foregoing, his DD Form 214 should be corrected to show his DOB as shown on the aforementioned military and civilian documents.
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 from his DD Form 214 the current DOB entry and replacing it with the DOB shown on his DD Form 4.
______________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) AR20130008231
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008231
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120020030
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. 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. As a result, the Board...
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 | 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 | CY2010 | 20100018432
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * show his date of birth (DOB) as 11 December 1941 instead of 11 December 1964 * add award of the Combat Medical Badge and any other awards he earned 2. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting from...
ARMY | BCMR | CY2015 | 20150002000
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service...
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 | 20140010615
Application for correction of military records (with supporting documents provided, if any). Although the birth certificate provided by the applicant shows his DOB as 1 August 1944, the evidence of record shows he reported his DOB as 1 August 1945 when he was inducted in 1964. ABCMR Record of Proceedings (cont) AR20140010615 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140010615 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130013543
Application for correction of military records (with supporting documents provided, if any). 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 1 September 1944 versus 26 August 1944. The evidence of record shows he listed either 25 August 1944 or 26 August 1944 as his DOB throughout the entire period of his active military service.
ARMY | BCMR | CY2013 | 20130002919
The applicant requests correction of the name and date of birth (DOB) shown on the DD Form 214 (Report of Separation from Active Duty). The applicant states the name and DOB shown on the DD Form 214 are incorrect. The available records show the applicant used the name and DOB as shown on his DD Form 214 throughout his active duty service.
ARMY | BCMR | CY2015 | 20150001601
The evidence of record confirms the applicant's DOB was listed as 26 March 1945 upon his enlistment in the MDARNG and this is the DOB he used throughout his military service. Therefore, his DD Form 214 should be corrected to show his DOB as 26 March 1945. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as it is shown on his social security card.