Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130013726
Original file (20130013726.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:	    1 May 2014

		DOCKET NUMBER:  AR20130013726 


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 28 May 1971.

2.  The applicant states the DOB shown is incorrect.

3.  The applicant provides copies of his DD Form 214 and Certificate of Birth. 

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 2 October 1990, the applicant enlisted in the Regular Army.

3.   His DD Forms 4 (Enlistment Contract - Armed Forces of the United States) for both his initial enlistment and his reenlistment show his DOB as 28 May 1971.
4.  He was honorably released from active duty on 11 December 1997.  His DD Form 214 shows his DOB as "28 May 1972."

5.  He submits a copy of his birth certificate which shows his DOB as 28 May 1971.

DISCUSSION AND CONCLUSIONS:

His birth certificate and DD Forms 4 show his DOB as 28 May 1971.  As such, it appears the birth year on the applicant's DD Form 214 was transcribed in error; therefore, he is entitled to have his DOB 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 DOB 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)                                         AR20130013726



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013726



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150003281

    Original file (20150003281.txt) Auto-classification: Approved

    His military records show he was inducted into the Army of the United States on 1 March 1971 and his DOB is listed as 11 August 1951 on his DD Form 47 (Record of Induction). A DD Form 1584 (National Agency Check Request), dated March 1971, lists his DOB as 21 August 1951. 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 birth certificate.

  • ARMY | BCMR | CY2013 | 20130020137

    Original file (20130020137.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1987 to show his date of birth (DOB) as "5 July XXXX" instead of "1 August XXXX." 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. Item 5...

  • ARMY | BCMR | CY2014 | 20140012489

    Original file (20140012489.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 9 (Date of Birth (DOB)) - his DOB as "XX November 1949" instead of "XX September 1949" * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the Bronze Star Medal 2. Army Regulation 600-8-22 (Military Awards) states bronze service stars are authorized for wear on the Vietnam Service Medal to...

  • ARMY | BCMR | CY2013 | 20130001923

    Original file (20130001923.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as it is listed on his Social Security Card and the year of his date of birth (DOB) as it is listed on his Birth Certificate. The evidence of record shows the applicant's SSN and DOB were recorded both correctly and incorrectly in his records. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2014 | 20140014197

    Original file (20140014197.txt) Auto-classification: Approved

    The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 October 1971 instead of 10 November 1974. The applicant provides his DD Form 214 and birth certificate. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket...

  • ARMY | BCMR | CY2010 | 20100030383

    Original file (20100030383.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Forms 214 (Report of Separation from Active Duty/Certificate of Release or Discharge from Active Duty) for the periods ending on 19 December 1974 and 30 November 1983 to show his date of birth (DOB) as 28 Oxxxxxx xxxx instead of 6 Oxxxxxx xxxx. The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB...

  • ARMY | BCMR | CY2014 | 20140001313

    Original file (20140001313.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 March 1973 and DD Form 214 (Report of Separation from Active Duty) for the period ending 3 April 1979 to show his date of birth (DOB) as 20 April XXXX instead of 21 April XXXX. His DD Form 1966 (Application for Enlistment Armed Forces of the United States) shows his DOB as 21 April XXXX. The applicant provided a certified abstract of birth, filed...

  • ARMY | BCMR | CY2013 | 20130018033

    Original file (20130018033.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 29 August 1949. Therefore, his DD Form 214 should be corrected to show his correct DOB.

  • ARMY | BCMR | CY2010 | 20100011702

    Original file (20100011702.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to reflect his date of birth (DOB) as 11 October 1948 and to reflect his period of service in the Republic of Vietnam (RVN) as 5 January 1970 through 8 January 1971. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.

  • ARMY | BCMR | CY2008 | 20080009481

    Original file (20080009481.txt) Auto-classification: Denied

    Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as “Lxxe” and Item 5 (Date of Birth) shows his DOB as “ 1 May 1970.” The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial “L,” and his last name. The applicant requests that his DD Form 214 be corrected to show his middle name as “Elxxxe" and his DOB as “1 May...