IN THE CASE OF
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20140000708
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 January 1956 instead of 18 August 1956.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides a DD Form 214 and a photocopy of his driver license.
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 16 August 1977. His DD Form 1966 (Application for Enlistment) and DD Form 4 (Enlistment Contract) show his DOB as 18 January 1956.
3. He was released from active duty on 26 August 1980. Item 5 (DOB) of his DD Form 214 shows his DOB as 18 August 1956.
4. He provides a photocopy of his driver license which shows his DOB as shown on his DD Form 4.
5. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 DD Form 1966 and DD Form 4 show his DOB as 18 January 1956, as shown on his driver license. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected by
deleting from item 5 of his DD Form 214 the current entry and replacing it with the DOB entry as shown on his driver license.
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 correcting his DD Form 214 to show the DOB listed on his driver license.
___________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) AR20140000708
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140000708
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019596
The applicant requests correction of his records to show his date of birth (DOB) as 19 XXXXXXXX 1942 instead of 12 XXXXXXXX 1942 [sic, 1943]. While his available record contains documents, including his DD Form 214, which show his DOB as 12 XXXXXXXX 1943, it also includes a DD Form 2656 (Data for Payment of Retired Personnel) on which his DOB is shown as 19 XXXXXXXX 1942. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2013 | 20130005758
Application for correction of military records (with supporting documents provided, if any). His record contains a DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) and DD Form 4 (Enlistment Contract) that show his DOB as 25 December 1969. He provides his U.S. Passport and state driver's license that show the same DOB as shown on his enlistment documents.
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 | 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 | CY2012 | 20120010431
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as shown on his birth 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. His DD Form 214 shows his DOB as 19 December 1948.
ARMY | BCMR | CY2014 | 20140020199
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 3 April 19XX. 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. Although the State of South Carolina documentation provided by the applicant shows his DOB as 3...
ARMY | BCMR | CY2012 | 20120022805
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB) and social security number (SSN). The evidence of record shows the applicant's DOB is 5 October 1948 and this DOB is correctly recorded his military service records. The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.
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 | CY2014 | 20140019438
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. Although the birth certificate provided by the applicant shows his DOB as 29 November 19XX, the evidence of record shows he reported his DOB as 14...
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...