IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012927
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 day of birth as
28 vice 29.
2. The applicant states his day of birth is shown as 29 which is incorrect.
3. The applicant provides:
* DD Form 214
* Birth Certificate
* Amendment to Birth Certificate
* Driver License
* a letter
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's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using his DD Form 214.
3. The applicant was inducted into the Army of the United States on 27 September 1954. He was honorably released from active duty on 30 August 1956 and credited with completing 1 year, 11 months, and 4 days of active duty service.
4. Item 6 (Date of Birth) of his DD Form 214 shows his day and month of birth as
29 October.
5. He provides his State of Texas Birth Certificate with amendment that shows his day and month of birth as 28 October.
6. Army Regulation 635-5 (Separation Documents) in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
The applicant's military records are not available for review; however, his birth certificate confirms his day and month of birth as 28 vice 29 October. Therefore, it is accepted that an administrative error occurred during the preparation of his DD Form 214 resulting in his day of birth being listed as 29 instead of 28. Therefore, it would be appropriate to correct his DD Form 214 as 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 day of birth as 28, as it appears 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) AR20140012927
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012927
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002036
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 as 9 February vice 8 February. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2013 | 20130018298
It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. The applicant is advised that a copy of this decisional document which confirms the date of birth shown on his amended birth certificate will be filed in his Official Military Personnel File (OMPF). __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2008 | AR20080011615
IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080011615 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board for review. Item 18 (Date of Birth) on his DD Form 214 indicates he was born on 24 June 1950.
ARMY | BCMR | CY2014 | 20140021437
The applicant states the penciled in correction of his DOB on his DD Form 214 was done by the officer on duty at the time of his discharge. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. Therefore, the USAR ID card is accepted as sufficient evidence to support correction of his DD Form 214 to show his DOB as 28 December 1932.
ARMY | BCMR | CY2014 | 20140000242
The applicant states: * he was originally informed that his records were destroyed in a fire * he then received a letter containing a reconstructed, incorrect DD Form 214 * his birth certificate shows his DOB as 26 May 1931 * he enlisted with a friend and they both served in the same unit in Japan, and returned together as a unit * his buddy's DD Form 214 shows he served overseas for 1 year, 6 months, and 2 days 3. The applicant provides his: * his DD Form 214 * his buddy's DD Form 214 * a...
ARMY | BCMR | CY2014 | 20140014846
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his year of birth as 1930 instead of 1954. The applicant's military records are not available to the ABCMR for review.
ARMY | BCMR | CY2013 | 20130012462
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the month of his birth as "March" vice "May." Therefore, his birth certificate is accepted as sufficient evidence to warrant a correction of his WD AGO Form 53-55 to show his month of birth as "March."
ARMY | BCMR | CY2013 | 20130021018
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 28 vice 25 December. The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a duly-constituted DD Form 214 that shows his DOB as "25 December 19XX."
ARMY | BCMR | CY2013 | 20130017378
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his month of birth as March instead of May. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show his month of birth as March, as it appears on his birth certificate.
ARMY | BCMR | CY2013 | 20130006519
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...