BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016769
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 the date of birth shown on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states his birthday is 30 May.
3. The applicant provides copies of his birth certificate, state weapon permit, and driving license all showing his birthday as 30 May.
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 was inducted on 29 June 1966. On the DD Form 398 (Statement of Personal History) that he completed upon his induction he gave his birthday as 30 May. Both 30 May and 29 May are shown as his birthday at various places in his records.
3. On 28 June 1968, the applicant was honorably released from active duty and transferred to the Army Reserve in pay grade E-5. His DD Form 214 lists his birthday as 29 May.
DISCUSSION AND CONCLUSIONS:
The applicant listed his birthday as 30 May on the DD Form 398 he completed when he was inducted. The DD Form 214 should be changed accordingly.
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 changing his DD Form 214 to show he was born on 30 May.
_______ _ 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) AR20140016769
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016769
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005216
On 25 April 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his DOB as 4 September 1949. His DD Form 47 (Record of Induction) shows his DOB as 4 September1949. _____________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 | CY2012 | 20120016940
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Harold" instead of "Howard." 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. DISCUSSION AND CONCLUSIONS: The evidence of record shows his...
ARMY | BCMR | CY2009 | 20090011072
Item 5 (Date of Birth) of his induction record shows he was born on 29 May 1948. The evidence of record shows the applicant was inducted into the Army of the United States and his induction record shows his authorized prefix is "US" which is properly shown in item 2 of his DD Form 214. His military records show he was born on 29 May 1948.
ARMY | BCMR | CY2011 | 20110006855
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 28 Jxxx xxxx. 2. His DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 18 October 1966. The applicant's record also contains the following documents that show his DOB as 28 Jxxx xxxx: * DD Form 398 (Statement of Personal History) that was completed prior to induction * DA Form 428...
ARMY | BCMR | CY2012 | 20120018819
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 "21 Jxxx 19XX." Several other documents in his service records contain a DOB that is consistent with the DOB he listed on his DD Form 398. _______ _ __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 | 20110022686
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows upon application for entry in the U.S. Armed Forces, the applicant reported his correct SSN and POB. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN and POB.
ARMY | BCMR | CY2013 | 20130005482
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. Evidence shows that his birth month was incorrectly entered as May on DD Form 214. 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...
ARMY | BCMR | CY2013 | 20130020488
BOARD DATE: 29 July 2014 DOCKET NUMBER: AR20130020488 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Although the applicant's suffix following his last name appears with "Jr" and without in his military personnel records, his DD Form 398 and his birth certificate show the suffix "Jr" after his last name.
ARMY | BCMR | CY2012 | 20120004557
The applicant requests correction of item 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "2448 P----------- Dr., Weslaco, TX. The evidence of record supports the applicant's request to correct item 21 of his DD Form 214 to show an address in Weslaco, TX. There is no evidence showing the street address of his HOR was "2448 P----------- Dr." at the time of induction.
ARMY | BCMR | CY2009 | 20090011520
Application for correction of military records (with supporting documents provided, if any). The applicants records further show he completed various personnel and/or medical documents throughout his military service using his DOB as 29 October 1947. The evidence of record shows that upon his induction and entry on active duty the applicant's DOB was listed as 29 October 1949.