IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140002883
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 30 August 1949 instead of 8 October 1949.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides:
* a letter from the Winnebago County Department of Veterans Services, dated 5 February 2014
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 15 June 1971
* Certificate of Live Birth
* 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 Army on 16 June 1969.
a. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his DOB as 8 October 1949.
b. His Federal Bureau of Investigation (FBI) Fingerprint Card shows his DOB as 8 October 1949.
c. His DD Form 398 (Statement of Personal History) and his U.S. Army Request for National Agency Check show his DOB as 30 August 1949.
3. All documentation in his Official Military Personnel File contains a DOB that fluctuates between 30 August 1949 and 8 October 1949.
4. On 15 June 1971, he was honorably released from active duty at the expiration of his term of service. He completed 2 years of total active service. His DD Form 214 shows his DOB as 8 October 1949.
5. He provides a copy of his Certificate of Live Birth, signed on 4 September 1949, which shows his DOB as 30 August 1949.
6. Army Regulation 635-5 (Separation Documents), as then in effect, 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 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 and his supporting evidence has been considered.
2. Although the documents contained in his OMPF show both DOBs, he provides a copy of his Certificate of Live Birth, signed on 4 September 1949, which shows 30 August 1949 as his DOB.
3. The DOB listed on his Certificate of Live Birth is the same DOB listed on his Statement of Personal History. Therefore, his DD Form 214 should be amended to show 30 August 1949 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 30 August 1949 as it is listed on his DD Form 398 and his Certificate of Live Birth.
___________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) AR20140002883
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002883
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004434
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 date of birth (DOB) as 17 October 1949 instead of 18 October 1949. The evidence of record shows that upon his induction into the Army of the United States, the applicant listed his DOB as 18 October 1949.
ARMY | BCMR | CY2014 | 20140007447
ARMY | BCMR | CY2014 | 20140010191
Application for correction of military records (with supporting documents provided, if any). His service record includes the following documents which show his DOB as 12 October 1949: * DD Form 398 (Statement of Personal History) * DA Form 20 (Enlisted Qualification Record) * Enlisted Personnel Data Form 4. 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 is recorded on his...
ARMY | BCMR | CY2012 | 20120004591
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 date of birth (DOB) as 28 August 1949 instead of 28 October 1949. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
ARMY | BCMR | CY2014 | 20140005320
On 6 October 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his first name as Adron and his DOB as 2 July 1949. The evidence shows he listed his first name as Adron throughout the entire period of his active duty service and that he listed his first name as Aaron throughout his service in the USAR. Notwithstanding the fact that he listed the first name he now claims is incorrect through his entire period of active duty service, his DD Form...
ARMY | BCMR | CY2013 | 20130007491
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 398 (Statement of Personal History), completed at the time of his enlistment processing, lists his DOB as 2 October 1949. The applicant's SSN and DOB appear as he requests on his DD Form 398 and SF 88 completed at the time of enlistment.
ARMY | BCMR | CY2013 | 20130009707
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 military service records show he served exclusively under the DOB that is entered on his DD Form 214. ABCMR Record of Proceedings (cont) AR20130009707 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2014 | 20140003977
BOARD DATE: 16 October 2014 DOCKET NUMBER: AR20140003977 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his military records to show his date of birth (DOB) as 9 June 1926 instead of 19 June 1926. DISCUSSION AND CONCLUSIONS: The applicant contends he was born on 9 June 1926 and his DD Form 398 (dated 26 September 1966), DD Form 4 (dated 28 September 1961), and DD Forms 214 for the periods ending 27 September 1961, 31 March 1964, and 31 July 1969...
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.