IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002862
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 3 August xxxx.
2. He states his DOB is incorrectly shown as "8 March xxxx" on his DD Form 214.
3. The applicant provides a copy of his Minnesota Identification Card.
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. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 29 February 1968 for 3 years. On this document, his DOB is shown as "8 March xxxx." This date is consistently represented as his DOB on most of the documents in his personnel record.
3. However, his record contains a DA Form 873 (Certificate of Clearance and/or Security Determination), prepared on 28 April 1968, which shows his DOB as "3 August xxxx."
4. He was discharged on 25 April 1969. Item 9 (DOB) of his DD Form 214 shows his DOB as "8 March xxxx."
5. He provided a Minnesota Identification Card which shows his DOB as "3 August xxxx."
DISCUSSION AND CONCLUSIONS:
His enlistment contract shows he used "8 March xxxx" as his DOB at the time of his enlistment, and on most of the documents contained in his personnel records; however, at the time his security clearance was requested, he used "3 August xxxx" as his DOB. In view of the foregoing, his DD Form 214 should be amended to list his DOB as "3 August xxxx."
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 Item 9 of his DD Form 214 by deleting the current entry and adding the DOB as it is listed on his DA Form 873.
_______ _ _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) AR20140002862
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002862
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022523
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214. _______ _ _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 | 20110006855
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 28 Jxxx xxxx. 2. His DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 18 October 1966. The applicant's record also contains the following documents that show his DOB as 28 Jxxx xxxx: * DD Form 398 (Statement of Personal History) that was completed prior to induction * DA Form 428...
ARMY | BCMR | CY2012 | 20120006495
Application for correction of military records (with supporting documents provided, if any). It appears that an administrative error occurred during the preparation of his DD Form 214. 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 it appears on his birth certificate.
ARMY | BCMR | CY2012 | 20120022626
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * social security number (SSN) as "545-xx-xxxx" instead of "554-xx-xxxx" * date of birth (DOB) as "XX September 1938" instead of "XX September 1939" 2. Several documents in his service record show his SSN as "545-xxx-xxxx" and his DOB as XX September 1938" and include a: * DA Form 2-1 (Personnel Qualification Record) * DD Form 93 (Record of Emergency Data) * DD Form 1172...
ARMY | BCMR | CY2014 | 20140020830
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of birth (DOB) as 2 July XXXX vice 2 June XXXX. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant's DOB was listed as 2 June XXXX on her DD Form 4 when she enlisted in the USAR and RA. Therefore, it would be appropriate at this time to correct her DD Form 214 accordingly.
ARMY | BCMR | CY2011 | 20110018012
His records contain the following document showing his DOB as 8 December 1927: * TAGD Form 109 (Request for Statement of Service) * DA Form 873 (Certificate of Clearance and/or Security Determination) * AGPZ Form 61 (Computation of Officer's Service) 4. In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct his DD Form 214. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2011 | 20110008180
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 8 April 1963 instead of 3 April 1963. His record contains a DA Form 3975 (Military Police Report) which shows his DOB as 8 April 1963. _______ _ 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 | CY2015 | 20150000109
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 28 April XXXX instead of 27 April XXXX. His DD Form 214 shows his DOB as 27 April XXXX. In view of the foregoing, his DD Form 214 should be corrected by deleting from item 4 of his DD Form 214 the current entry and replacing it with the DOB entry as shown on his DA Form 873.
ARMY | BCMR | CY2014 | 20140018831
Application for correction of military records (with supporting documents provided, if any). The applicant requests his date of birth (DOB) be changed to 5 January XXXX on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 April 1962. There is sufficient evidence to show he served using the DOB 5 January XXXX.
ARMY | BCMR | CY2013 | 20130000080
The evidence of record shows that either a TIN or an invalid SSN was used throughout the majority of the applicant's military service. However, based on the evidence of record, it would be appropriate to correct the applicant's DD Form 214 to show his proper SSN. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as "417-XX-XXXX."