BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014651
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 date of birth (DOB) as "17 February XXXX" instead of "14 February XXXX."
2. The applicant states his correct DOB is "17 February XXXX."
3. The applicant provides:
* Birth Certification
* National Personnel Record Center Letter, dated 5 July 2010
* 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 was inducted into the Army of the United States on 23 November 1965.
a. His Federal Bureau of Investigation (FBI) Fingerprint Card and DD Form 47 (Record of Induction) show his DOB as "14 February XXXX."
b. His DD Form 398 (Statement of Personal History) and his U.S. Army Request for National Agency Check show his DOB as "17 February XXXX.
3. All documentation in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, containing a DOB fluctuate between 14 February XXXX" and "17 February XXXX."
4. On 14 December 1967, he was honorably released from active duty at the expiration of his term of service. He completed 2 years and 22 days of total active service. His DD Form 214 shows his DOB as "14 February XXXX.
5. The applicant provided a copy of his Birth Certification, which was filed on
10 May 1946, which shows his DOB as "17 February XXXX."
6. 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 the 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 contentions have been noted. His supporting evidence has been considered.
2. Although the documents contained in the applicants AMHRR show a DOB of either "14 February XXXX" or "17 February XXXX" he provides a copy of his Birth Certification, which was filed on 10 May 1946, showing "17 February XXXX" as his DOB.
3. The DOB listed on the applicant's Certification of Birth is the same DOB listed on his Statement of Personal History and his U.S. Army Request for National Agency Check Therefore, his DD Form 214 should be amended to show
"17 February XXXX" as his DOB.
BOARD VOTE:
___X_____ ___X_____ _X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 17 February XXXX as it is listed on his DD Form 398.
_______ _ 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) AR20130014651
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130014651
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004918
The applicant contends he was born on 9 June xxxx and his DD Form 398, DD Form 214 for the period ending 29 April 1969, and birth certificate support this contention. __________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) AR20120004918 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2014 | 20140004035
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. His record contains a series of enlistment records as listed below, which list his DOB as "23 Nxxxxxxx XXXX": * DD Form 4 (Enlistment Record ...
ARMY | BCMR | CY2015 | 20150002233
In connection with his induction into the Army of the United States (AUS), the FSM completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 25 July 1946. His DD Form 47 (Record of Induction) listed his DOB as 24 July 1946 and his Service Number. The evidence of record shows upon his induction into the AUS, the FSM disclosed his DOB as 25 July 1946.
ARMY | BCMR | CY2012 | 20120007115
His military record should be corrected at this time to consistently document his DOB throughout his military record to show 5 February 1957, his actual date of birth as recorded on birth certificate. While it is understandable that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. As a...
ARMY | BCMR | CY2012 | 20120001769
ARMY | BCMR | CY2014 | 20140011973
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 15 XXXX 1939 instead of 14 XXXX 1949. 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. His service record contains the following documents which show his DOB as...
ARMY | BCMR | CY2011 | 20120000349
His DD Form 214 shows his SSN as "x9x-xx-xxxx" and his DOB as "15 July 1947." The applicant listed his DOB as "15 July 1947" upon his induction into the AUS and this is the DOB that he used throughout his military service. He listed this DOB on several forms and authenticated many forms indicating this was his correct DOB.
ARMY | BCMR | CY2009 | 20090021529
The applicant states his correct SSN is XXX-XX-1530 and his correct DOB is 17 December 1946. A DD Form 398 (Statement of Personal History), completed and signed by the applicant on 20 June 1966, shows his DOB as 17 December 1946. A DA Form 3027 (U.S. Army Request for National Agency Check (NAC)), dated 12 July 1966, shows the applicant's military service number as USXXXXX962, his SSN as XXX-XX-1530, and his DOB is entered as 17 December 1946.
ARMY | BCMR | CY2012 | 20120006595
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) with the fifth digit of "0" instead of "2" * date of birth (DOB) as 13 July 19XX instead of 14 July 19XX 2. The evidence of record shows the DD Form 398 and DA Form 3027, completed in conjunction with his induction, both show his DOB as 13 July 19XX. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2013 | 20130017043
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's complete military records are not available to the Board for review.