IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140013718
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 11 April 1975 instead of 1 April 1975.
2. The applicant states his military records from the U.S. Army have his DOB recorded incorrectly as 1 April 1975, but his correct DOB is 11 April 1975. The reason for this error is unknown because his DOB has never changed.
3. The applicant provides:
* DD Form 214
* State of California driver's license
* Passport
* Certified Abstract of Birth
* Certificate of Live Birth
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 Regular Army on 7 July 1994.
3. The applicant's DD Form 4 (Enlistment/Reenlistment Document) shows his DOB as 11 April 1975.
4. The applicant was honorably released from active duty on 15 August 1996.
5. The DD Form 214 issued to him for this period shows his DOB as 1 April 1975.
6. The applicant provided a copy of his State of California driver's license, passport, Abstract of Birth, and birth certificate which all show his DOB as 11 April 1975.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his military records have his DOB recorded incorrectly as 1 April 1975 and his correct DOB is 11 April 1975 are acknowledged and determined to have merit.
2. The applicant's Enlistment/Reenlistment Document show his DOB as listed on his birth certificate. However, his DD Form 214 shows a different DOB. It appears that an administrative error occurred when his DOB was recorded on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is recorded on his birth certificate.
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 it is recorded 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) AR20140013718
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013718
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022805
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB) and social security number (SSN). The evidence of record shows the applicant's DOB is 5 October 1948 and this DOB is correctly recorded his military service records. The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.
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 | CY2014 | 20140011982
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. Information herein was obtained from DD Form 214 provided by the applicant. As there are no official military records, other than the DD Form 214, upon which to make a determination of whether or not the DOB on the DD Form 214 was correctly...
ARMY | BCMR | CY2008 | 20080002939
The applicant requests, in effect, that his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending dates of 22 March 1965, and 18 March 1968 be corrected to show his name as M_ _ _ _ _ _ T_ _ _ _ L_ _ _ C_ _ _. Army Regulation 600-8-104 (Military Personnel Information Management /Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and...
ARMY | BCMR | CY2009 | 20090018499
The applicant requests his date of birth (DOB) be changed from 22 February 1949 to 18 February 1949 on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Although the documents provided by the applicant show his DOB as 18 February 1949, documents in his service personnel record shows his DOB has always been recorded as 22 February 1949. This Board action will be filed in his military records as a record of the DOB he is currently using.
ARMY | BCMR | CY2013 | 20130002199
Application for correction of military records (with supporting documents provided, if any). The vast majority of the documents contained in his military personnel record show his DOB as 1 November 1945; however, his record contains a Patient's Recording Card, U.S. Army Medical Service Outpatient Treatment Facilities, which shows his DOB as 1 December 1945. The evidence of record shows the applicant's DOB was recorded both correctly and incorrectly in his records.
ARMY | BCMR | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
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 | CY2011 | 20110019551
IN THE CASE OF: BOARD DATE: 27 March 2012 DOCKET NUMBER: AR20110019551 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). ABCMR Record of Proceedings (cont) AR20110019551 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019551 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2014 | 20140005600
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. 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...