IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005600
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 28 October 1955.
2. The applicant states due to an oversight on his part when reviewing his DD Form 214, he did not catch that his DOB was not correctly entered.
3. The applicant provides:
* DD Form 214
* copy of his State driver's license, Uniformed Services Identification Card, Certificate of Live Birth, and passport
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. On 13 June 1974, the applicant enlisted in the Regular Army.
3. 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 October 1955.
4. On 31 January 1997, he retired for sufficient service for retirement. His DD Form 214 shows his DOB as 28 October 1956.
5. He submits a copy of his State driver's license, Uniformed Services Identification Card, Certificate of Live Birth, and passport showing his DOB as 28 October 1955.
DISCUSSION AND CONCLUSIONS:
1. He now submits a copy of his State driver's license, Uniformed Services Identification Card, Certificate of Live Birth, and passport showing his DOB as 28 October 1955. A DA Form 873 contained in his records also shows his DOB as 28 October 1955.
2. As such, it would be in the interest of equity to change his DOB on his DD Form 214 to reflect the DOB he requests.
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 shown on his birth certificate.
__________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) AR20140005600
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005600
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003467
The applicant requests correction of his DD Form 214 (Report of Separation and Record of Service), ending on 14 November 1975, to show his date of birth (DOB) as 1 September vice 3 September 19XX. The applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 1 September 19XX when he enlisted in the U.S. Army Reserve (USAR). The applicant's records show when he enlisted he stated his DOB was 1 September 19XX.
ARMY | BCMR | CY2015 | 20150003455
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 13 January 1955 versus 7 April 1955. 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 evidence of record shows that upon his enlistment into...
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 | CY2013 | 20130005999
The FSM's records show he was inducted into the Army of the United States on 28 November 1952. His service record does not show that he made an SBP election. The FSM served in the Regular Army from 28 November 1952 to 31 January 1955.
ARMY | BCMR | CY2010 | 20100010808
Application for correction of military records (with supporting documents provided, if any). The DA Form 20 that was created at the time he entered active duty shows his last name as "D---s." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same last name. a. Paragraph 2-2 (Source documents) states the DA Form 20 and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing the...
ARMY | BCMR | CY2013 | 20130018147
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 11 July xxxx. Item 4 (DOB) of his DD Form 214 (Report of Separation from Active Duty), dated 22 March 1978, shows his DOB as 10 July xxxx. ______________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 | 20140005165
The applicant requests correction of his military records to show his first name as Larrie instead of Larry. His DD Form 4 (Enlistment/Reenlistment Document) and all allied documents listed his first name as Larry. His enlistment and extension documents both listed his first name as Larry.
ARMY | BCMR | CY2010 | 20100007976
The evidence of record shows that upon his initial enlistment and entry on active duty the applicant listed his DOB as 20 March 1955. ____________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) AR20100007976 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2013 | 20130015345
His separation orders show his name using the suffix "Jr." The available documents in his reconstructed record do not show his DOB. The only justification for changing his name or DOB on his DD Form 214 would be if they were not consistent with his name or DOB shown on his initial enlistment documents. _______ 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 | 20130007815