IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000883
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, in effect, 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 27 April 1947 instead of 21 April 1947.
2. The applicant makes no statement in support of his request.
3. The applicant provides copies of his DD Form 214 and State of Wisconsin Original Certificate of 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 22 June 1964. Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 27 April 1947.
3. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as 27 April 1947.
4. He was honorably released from active duty on 13 June 1967 and transferred to the U.S. Army Reserve. Item 9 (DOB) of his DD Form 214 shows his DOB as 21 April 1947.
5. His DOB is listed on numerous documents contained within his DA Form 201 (Military Personnel Records Jacket) as 27 April 1947.
6. The applicant provides his State of Wisconsin Original Certificate of Birth, which shows his DOB as 27 April 1947.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his DOB as 27 April 1947 was carefully considered and was determined to have merit.
2. The evidence of record shows the applicant consistently listed his DOB as 27 April 1947 throughout his military career. He now provides a Certificate of Birth that confirms his DOB as 27 April 1947.
3. It is reasonable to conclude an administrative error occurred at the time his DOB was recorded on his DD Form 214. Therefore, and in view of the foregoing, there is a sufficient basis to grant the requested relief in this case.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the entry "21 Apr 47" from item 9 of his DD Form 214 and replacing it with the entry "27 Apr 47."
________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) AR20100015378
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000883
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110016633
Application for correction of military records (with supporting documents provided, if any). His official military personnel file (OMPF) contains the following documents that show his DOB as 30 December 1947: * Standard Form 89 (Report of Medical History), dated 8 September 1967 * DD Form 47 (Record of Induction), dated 21 August 1967 * DA Form 20 (Enlisted Qualification Record), prepared upon his entry on active duty * DA Form 428 (Application for Identification Card), dated 16 February...
ARMY | BCMR | CY2011 | 20110013679
His record shows he was inducted into the Army of the United States on 27 October 1966. The evidence the applicant submitted is not sufficient to show an error exists for changing his DD Form 214. ABCMR Record of Proceedings (cont) AR20110013679 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013679 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110020166
Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 28 December 1947. Throughout his records his DOB consistently appears as 28 December 1947 with the exception of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record) on which his DOB is typed as 27 December 1947. The evidence of record shows he consistently listed his DOB as 28 December 1947 throughout his military career.
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 | CY2013 | 20130014820
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 29 June 1947 * award of the Bronze Star Medal (BSM) with 1st Oak Leaf Cluster 2. Therefore, he should be awarded the AGCM (1st Award) for the period 12 June 1968 to 29 April 1970 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100026237
The applicants request to correct his military record to show his DOB as 24 March 1947, as is listed on his birth certificate, has been carefully considered. However, the evidence of record confirms the applicant was inducted, served, and was separated from the Army using the DOB 24 March 1946. All documents on file in the applicant's official military personnel file (OMPF) that list a DOB, including the DD Form 47 prepared during his induction processing, the DA Form 20 prepared upon his...
ARMY | BCMR | CY2009 | 20090003439
The applicant states that he believed the information given to him as a youngster concerning his DOB and place of birth to be true. 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. This Board action will be filed in his military records as a record of the DOB and place of birth he is...
ARMY | BCMR | CY2014 | 20140014037
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. 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. ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2009 | 20090002848
The evidence of record shows that upon his initial induction, the applicant's DOB was listed as 24 January 1947. The evidence of record also shows that during his next enlistment and reenlistment, the applicant used 24 January 1947 as his DOB which is also consistent with various documents in his personnel service records and his birth certificate. Therefore, all his three DD Forms 214 should be corrected to show his DOB as 24 January 1947.
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.