IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002013
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 reflect his date of birth (DOB) as 9 March 19XX.
2. The applicant states the DOB on his DD Form 214 was mistyped.
3. The applicant provides his Indiana commercial driver's license and a State of Ohio Department of Health Division of Vital Statistics affidavit.
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 23 September 1971. His DD Form 4 (Enlistment Contract Armed Forces of the United States) listed his DOB as 3 March 19XX.
3. His records contain the following documents which list his DOB as 9 March 19XX:
* DA Form 20 (Enlisted Qualification Record)
* Standard Form 88 (Report of Medical Examination)
4. On 6 March 1973, he was honorably discharged. Item 9 (DOB) of his DD Form 214 shows his DOB as 3 March 19XX.
5. The affidavit and driver's license he provides show his DOB is 9 March 19XX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his DOB as 9 March 19XX was carefully considered and found to have merit.
2. His DOB was recorded as 3 March 19XX when he enlisted; but it appears this was an error. His records contain multiple documents reflecting his DOB as 9 March 19XX. Therefore, his DD Form 214 should be corrected to show his DOB as recorded on his driver's license.
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 current entry in item 9 of his DD Form 214 and replacing it with the DOB shown on his driver's license.
_______________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) AR20150002013
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002013
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006669
The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as "9 August 19XX" instead of "7 August 19XX." It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. There is no evidence of record and he did not provide sufficient evidence to show the DOB listed on his DD Form 214 was not the DOB he used at...
ARMY | BCMR | CY2014 | 20140014765
Application for correction of military records (with supporting documents provided, if any). Prior to his 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 13 August 19xx. The requested DOB (13 August 19xx) is consistent with the DOB on several official military records throughout his military service.
ARMY | BCMR | CY2013 | 20130013077
His correct DOB should be listed on his 1973 DD Form 214. All documents contained in the applicant's Army military personnel record show his DOB as 20 April 19XX. There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214 ending on 31 July 1973.
ARMY | BCMR | CY2011 | 20110012905
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * social security number (SSN) ends with the number "3" instead of "2" * date of birth (DOB) is 21 July 19XX instead of 17 July 19XX 2. All documents in his record other than his DD Form 214 show his DOB as 21 July 19XX. The orders releasing the applicant from active duty, a DA Form 20, and his DD Form 214 show an SSN ending with the number "2."
ARMY | BCMR | CY2014 | 20140016783
Application for correction of military records (with supporting documents provided, if any). His records contain a DA Form 2496 (Disposition Form), dated 17 July 1974, showing he requested correction of his military records to show his DOB as 26 July 19XX instead of 7 July 19XX. Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 to show his DOB as 26 July 19XX instead of 7 July 19XX.
ARMY | BCMR | CY2014 | 20140001838
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 8 February vice 2 August 19XX. The available evidence contains a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 10 June 2004, which listed his DOB as 8 February 19XX. Although the applicant's military records between 1993 and 2004 are not available for review with this case, when the applicant underwent a physical on 20...
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 | CY2011 | 20110015532
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 11 August 19XX. He provides his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), a cover letter from the National Personnel Records Center, his WD AGO Form 100 (Army of the United States Separation Qualification Record), his driver's license, and a birth certificate. The applicant's...
ARMY | BCMR | CY2014 | 20140011348
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 3 November 19XX vice 8 December 19XX. His DD Form 4 (Enlistment/reenlistment Document) and all allied documents, including a birth certificate and a driver license, show his DOB as 3 November 19XX. DISCUSSION AND CONCLUSIONS: When the applicant enlisted in the TXARNG in August 2010, his DOB was verified via a birth certificate and entered on his...
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.