IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130016276
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 1978 DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 29 September 1950.
2. The applicant states his DD Form 214 erroneously shows his DOB as 9 September 1950. He believes he needs a correct DD Form 214 to obtain veteran's benefits.
3. The applicant provides a copy of his birth certificate showing a DOB of 29 September 1950.
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 on 4 June 1970. His DD Form 47 (Record of Induction) shows his DOB as 29 September 1950.
3. When he enlisted in the Regular Army on 19 June 1973, his DD Form 4 (Enlistment Contract Armed Forces of the United States) showed a DOB of 9 September 1950. That date appears on his second 1978 DD Form 214.
4. He provided a birth certificate showing a DOB of 29 September 1950.
DISCUSSION AND CONCLUSIONS:
The DOB of 9 September 1950 shown on his 1978 DD Form 214 is in error. The applicant's correct DOB of 29 September 1950 is shown on his DD Form 47.
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 changing his 1978 DD Form 214 to show his DOB as 29 September 1950.
_______ _ 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) AR20130015812
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016276
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000208
The available evidence shows the applicant listed his DOB as 8 September 1950 at the time of his induction. His DD Form 214 should be corrected to show his DOB as 12 August 1950. _____________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 | 20130007677
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 August 1992 to show his year of birth as "1950" vice "1949." His DD Form 47 (Record of Induction) listed his date of birth (DOB) as XX March 1950. In each case, he indicated his DOB was XX March 1949: * Personnel Qualification Record * Application for Identification Card * Various medical records * Data for Retired Pay 7.
ARMY | BCMR | CY2012 | 20120004310
The applicant requests correction to the date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant listed his DOB on his DD Form 398 and DD Form 47 as 12 August 1950. _______ _ _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 | 20140000071
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show his date of birth (DOB) as 5 January 1950 instead of 5 January 1949. All of his service personnel records and DD Forms 214 (Certificate of Release or Discharge from Active Duty) show his DOB as 5 January 1949.
ARMY | BCMR | CY2009 | 20090002848
The evidence of record shows that upon his initial induction, the applicant's DOB was listed as 24 January 1947. The evidence of record also shows that during his next enlistment and reenlistment, the applicant used 24 January 1947 as his DOB which is also consistent with various documents in his personnel service records and his birth certificate. Therefore, all his three DD Forms 214 should be corrected to show his DOB as 24 January 1947.
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 | 20110025197
The applicant requests correction of his DD Form 214 (Report of Separation from the Army Forces of the United States) to show his correct date of birth (DOB). The evidence of record shows the applicant's DOB is 17 July 1928 and that his DOB is correctly recorded on his SF 88 and in the National Archive's recordkeeping system for veterans. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct DOB.
ARMY | BCMR | CY2013 | 20130014820
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 29 June 1947 * award of the Bronze Star Medal (BSM) with 1st Oak Leaf Cluster 2. Therefore, he should be awarded the AGCM (1st Award) for the period 12 June 1968 to 29 April 1970 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120019976
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 last name as "Blxxxxri" instead of "Grxxes" * His date of birth (DOB) as XX September 1947 vice 1950 * His awards and decorations 2. He did not use the last name or the year of birth that he currently uses during his military service.
ARMY | BCMR | CY2014 | 20140013739
The applicant requests, in effect, correction of item 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 June 1991, to show his DOB as "29 September 19XX" instead of "29 March 19XX." The applicant provides copies of the following: * 1991 DD Form 214 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * birth certificate CONSIDERATION OF EVIDENCE: 1. His records contain the following: *...