IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014037
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 XX December 1947 vice XX December 1942.
2. The applicant states his DOB is listed incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214, birth certificate, and a copy of his United States (US) 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as XX December 1947.
3. The applicant was inducted into the AUS on 13 April 1967. Item 5 (DOB, Day - Month - Year) of his DD Form 47 (Record of Induction) listed his DOB as
XX December 1942.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as XX December 1947.
5. He completed basic combat and advanced individual training and he was awarded military occupational specialty 95B (Military Police).
6. His records contain a DD Form 93 (Record of Emergency Data) and a DA Form 3027 (U.S. Army Request for National Agency Check) that show his DOB as XX December 1947.
7. He was honorably released from active duty on 11 April 1969. His DD Form 214 shows in Item 9 (DOB) XX December 1942.
8. He provides a birth certificate and a copy of a US Passport that show his name and the DOB as XX December 1947.
9. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant listed his DOB as XX December 1947 prior to his induction into the AUS. Aside from his DD Form 47, his DOB is consistently recorded as
XX December 1947 on all other documents in his service record, including his DA Form 20, DD Form 93, and DA Form 3027. It appears his DD Form 214 inadvertently shows an incorrect DOB. Therefore, he is entitled to correction of his DD Form 214 to show his DOB as XX December 1947.
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 deleting the current DOB and adding the DOB as it is listed on his birth certificate (XX December 1947).
____________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) AR20140014037
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014037
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20120000349
His DD Form 214 shows his SSN as "x9x-xx-xxxx" and his DOB as "15 July 1947." The applicant listed his DOB as "15 July 1947" upon his induction into the AUS and this is the DOB that he used throughout his military service. He listed this DOB on several forms and authenticated many forms indicating this was his correct DOB.
ARMY | BCMR | CY2011 | 20110007904
There is no evidence in the FSM's OMPF showing he recorded his DOB as 17 January 1942 or 6 July 1947. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's DD Form 214 to show the spelling of his first name as shown on his Record of Induction. As a result, the Board recommends denial of so much of the application that pertains to correcting the FSM's DD Form 214 to show his DOB as 17 January 1942.
ARMY | BCMR | CY2012 | 20120019976
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 last name as "Blxxxxri" instead of "Grxxes" * His date of birth (DOB) as XX September 1947 vice 1950 * His awards and decorations 2. He did not use the last name or the year of birth that he currently uses during his military service.
ARMY | BCMR | CY2015 | 20150001531
In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 11 August 19XX. Item 9 (DOB) of his DD Form 214 lists his DOB as 8 November 19XX. Therefore, his DD Form 214 should be corrected to show his DOB as shown on his DD Form 398 (11 August 19XX).
ARMY | BCMR | CY2013 | 20130019555
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 13 January 19XX vice 8 January 19XX. His DD Form 47 (Record of Induction), dated 6 April 1967, shows his DOB as 8 January 19XX.
ARMY | BCMR | CY2014 | 20140015021
ARMY | BCMR | CY2014 | 20140006727
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946. 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 by deleting the current DOB and adding the DOB as it is listed on his birth...
ARMY | BCMR | CY2012 | 20120005053
The applicants Military Personnel Records Jacket (MPRJ) contains a DA Form 3027 U.S. Army Request for National Agency Check), dated 2 November 1966, which also lists his DOB as 25 May 1947 in item 5 (Day, Month, Year of Birth) and his POB as Charleston, West Virginia in item 6 (Place of Birth). Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered...
ARMY | BCMR | CY2014 | 20140010741
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 DD Form 47 (Record of Induction), dated 3 January 1968, shows: * his first name as R__Y__ND * his SSN as XXX-XX-9733 * his DOB as 5 December 1947 3. Although the birth certificate provided by the applicant shows his first...
ARMY | BCMR | CY2009 | 20090021529
The applicant states his correct SSN is XXX-XX-1530 and his correct DOB is 17 December 1946. A DD Form 398 (Statement of Personal History), completed and signed by the applicant on 20 June 1966, shows his DOB as 17 December 1946. A DA Form 3027 (U.S. Army Request for National Agency Check (NAC)), dated 12 July 1966, shows the applicant's military service number as USXXXXX962, his SSN as XXX-XX-1530, and his DOB is entered as 17 December 1946.