BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011544
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 as 17 April 1986.
2. The applicant states human error was the cause of this mistake.
3. The applicant provides copies of:
* DD Form 214 (Member Copy 4)
* Name page of his United States Passport, issued on 23 July 2009
* Certificate of Naturalization, issued on 3 January 2008
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. A review of the applicant's Official Military Personnel File (OMPF) shows:
a. his DD Form 4/1 (Enlistment Document) showing a date of birth of
17 April 1986; and
b. his DD Form 214 showing a date of birth of 17 April 1985.
3. The documents provided by the applicant show his date of birth as 17 April 1986.
4. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's date of birth in Item 4 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 17 April 1986.
2. The available evidence of record shows the applicant's date of birth as
17 April 1986.
3. In view of the above, the applicant's DD Form 214 should be corrected to show his date of birth as indicated on his DD Form 4/1.
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 showing on his DD Form 214 for the period ending 28 June 2009 his date of birth as indicated on his DD Form 4/1.
_________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) AR20140005991
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140011544
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009735
ARMY | BCMR | CY2009 | 20090002784
Records available to the Board indicate the applicant enlisted as a Regular Army Soldier on 30 November 1963 under his birth name of Mxxxxxx, with his birth date of 14 May 1946, and utilizing his SSAN of xx8-42-1122. On 14 December 1976 the Acting Commanding General, Fort Bragg approved the applicants retention on active duty and indicated the applicant should take immediate action to legally change his name from Mxxxxxx to Wxxxxxx and to apply to the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090000503
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military record to show his middle name as "Jhony" instead of "Hony." The applicants record contains various personnel documents including evaluation reports, permanent orders, certificates, citations, letters, and other documents that either show his middle name as "Hony" or his middle initial as "H." 6.
ARMY | BCMR | CY2009 | 20090007864
The FSM and the applicant were divorced on 17 May 2002. However, premiums were still being deducted from the FSMs retired pay for "spouse only" coverage beyond the date of his death on 5 January 2009 through 13 April 2009, when it was terminated upon notification of his divorce and death through the applicant's request for SBP benefits. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the FSM voluntarily changed...
ARMY | BCMR | CY2011 | 20110015418
BOARD DATE: 7 February 2012 DOCKET NUMBER: AR20110015418 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 April 2004 to show his date of birth (DOB) as 12 November 1961. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 5 of his DD Form 214 for the period...
ARMY | BCMR | CY2008 | 20080016817
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as "D***d B***n D***n instead of "B***n C**z. 2. The evidence of record shows that upon his enlistment in the Regular Army on 15 May 1984, the applicant indicated that his birth name was "D***d B***n D***n but he preferred to use the name "B***n C**z. The name "B***n...
ARMY | BCMR | CY2011 | 20110012930
The applicant requests correction of his records to show his date birth (DOB) as 1 September 1947 instead of 1 September 1946. The applicant states the incorrect DOB was recorded at the time of enlistment and retirement. ABCMR Record of Proceedings (cont) AR20110012930 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012930 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2014 | 20140012903
The applicant requests correction of his military service records to show his date of birth (DOB) as 12 April 1958 vice 12 October 1957. There is no evidence indicating that the DOB shown on the applicants birth certificate was ever recorded in his military service records. In the absence of evidence showing otherwise, it must be presumed that the DOB entered on his DD Form 214 was the DOB of record at the time of his separation.
ARMY | BCMR | CY2008 | AR20080016989
The applicant requests that the following items on his 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected: item 12a (Dated Entered AD [active duty] This Period) to show 760420 (20 April 1976); item 12c (Net Active Service This Period) to show 100727 (10 years, 7 months, and 27 days); and item 12e (Total Prior Active Service) to show 000328 (3 months and 28 days). A separation document was issued which captured the applicant's period of military service...
ARMY | BCMR | CY2013 | 20130014830
The applicant requests his date of birth (DOB) be corrected to show 31 January 1955 on his DD Forms 214 (Certificate of Release or Discharge from Active Duty), effective date: * 15 August 1983 * 19 April 2002 * 9 August 2004 * 2 April 2006 * 22 September 2007 2. His military records for this period of service were not available for review; however, the applicant provided his DD Form 214 which shows his DOB as 31 January 1955. The evidence provided by the applicant shows his date of birth...