IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012660
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 22 July 1956 instead of 19 July 1956.
2. The applicant states:
* his DOB should be corrected to 22 July 1956
* it was never corrected during his active duty service
* he never thought he would ever use his DD Form 214, but he realizes the importance of keeping it accurate and safeguarding it
3. The applicant provides:
* Hawaii driver's license
* 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. The applicant enlisted in the Regular Army on 22 March 1974 and served as a light weapons infantryman.
3. His DA Form 41 (Record of Emergency Data), dated 7 February 1975, shows his DOB as 22 July 1956.
4. He was honorably released from active duty on 7 May 1976.
5. Item 4 (DOB) of his DD Form 214 shows his DOB as "56 07 19 [19 July 1956]."
6. He provided a copy of his Hawaii driver's license which shows his DOB as 22 July 1956.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was born on 22 July 1956 and his DA Form 41 supports this contention. Based on the foregoing, it would be appropriate to correct item 4 of his DD Form 214 to show his DOB as 22 July 1956.
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 current entry from item 4 of his DD Form 214 and replacing it with the entry "56 07 22."
_______ _ 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) AR20130012660
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012660
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110012722
The applicant requests correction of his date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). Item 4 (DOB) of the DD Form 214 issued at that time shows his DOB as 25 March 1956. DISCUSSION AND CONCLUSIONS: The record shows the applicant's DOB was correctly recorded as 26 March 1956 when he entered military service, but an error was made when the DOB was entered on his DD Form 214.
ARMY | BCMR | CY2014 | 20140000708
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 January 1956 instead of 18 August 1956. His DD Form 1966 (Application for Enlistment) and DD Form 4 (Enlistment Contract) show his DOB as 18 January 1956. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show the DOB listed on his driver license.
ARMY | BCMR | CY2014 | 20140005600
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 28 October 1955. His DD Forms 4 (Enlistment Contract - Armed Forces of the United States) for both his initial enlistment and subsequent reenlistments and all other documents throughout his record show his DOB as 28 October 1956 with the exception of a DA Form 873 (Certificate of Clearance and/or Security Determination), which shows his DOB as 28...
ARMY | BCMR | CY2011 | 20110013487
Application for correction of military records (with supporting documents provided, if any). These documents are accepted as sufficient evidence on which to base correction of his DD Form 214 to show his DOB as 26 January 1935. _______ _ _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 | CY2013 | 20130018700
Application for correction of military records (with supporting documents provided, if any). 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. The applicant contends his DD Form 214 should be changed to reflect his DOB as 22 June 1934.
ARMY | BCMR | CY2012 | 20120021896
The applicant's military records are not available to the Board for review. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 19 November 1956. The applicant's available records are void of his induction document that shows the DOB he recorded upon entry into military service.
ARMY | BCMR | CY2008 | 20080015620
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his date of birth (DOB) be corrected from "56/08/09" (9 August 1956) to "56/09/08" (8 September 1956) on his separation document, DD Form 214, for the period ending on 21 December 1974. _______ _ 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 | CY2013 | 20130021476
His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as XXX-XX-XX3X and his DOB as XX February 1952. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as XXX-XX-XX5X. Item 9 (DOB) of this form shows his DOB as XX February 1952.
ARMY | BCMR | CY2013 | 20130018348
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 7 December 1944 instead of 7 September 1944. The following documents in his available service personnel records show his DOB as 7 December 1944: * DA Form 41 (Record of Emergency Data), dated 27 December 1967 * DA Form 2962 (Security Termination...
ARMY | BCMR | CY2014 | 20140014765
Application for correction of military records (with supporting documents provided, if any). Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 13 August 19xx. The requested DOB (13 August 19xx) is consistent with the DOB on several official military records throughout his military service.