Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150003226
Original file (20150003226.txt) Auto-classification: Approved
 
		IN THE CASE OF:  	

		BOARD DATE:  22 October 2015	    

		DOCKET NUMBER:  AR20150003226


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 3 February 1948 instead of 3 March 1948.

2.  The applicant states his DOB is incorrect.  

3.  The applicant provides copies of his DD Form 214, his New York City Certification of Birth, and his Department of Veterans Affairs healthcare enrollee identification card.

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 into the Army of the United States on 22 April 1966.  Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 3 February 1948.

3.  The applicant was honorably released from active duty on 14 April 1968.  Item 9 (DOB) of his DD Form 214 shows his DOB as 2 March 1948.

4.  The applicant's DOB is listed on numerous documents contained within his military personnel records jacket as 3 February 1948.

5.  The applicant provides his New York City Certification of Birth, which shows his DOB as 3 February 1948.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant consistently listed his DOB throughout his military career as 3 February 1948.  He now provides his birth certificate, which confirms his DOB as 3 February 1948.  His DOB is listed differently on his DD Form 214; therefore, his DD Form 214 should be corrected to present a proper and factual record of his true DOB.  

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 from item 9 of his DD Form 214 the entry "2 Mar 48" and replacing it with the entry "3 Feb 48."




      ____________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)                                         AR20150003226



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015498

    Original file (20140015498.txt) Auto-classification: Approved

    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 August 1948 instead of XX April 1948. DISCUSSION AND CONCLUSIONS: The applicant contends he was born on XX August 1948 and his DD Form 1584 shows his correct DOB was recorded in his record while he was serving on active duty. Therefore, the evidence of record is sufficient to correct his DD Form 214 to show his DOB as XX August 1948...

  • ARMY | BCMR | CY2010 | 20100026038

    Original file (20100026038.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his: * date of birth (DOB) from 22 November 1949 to 22 November 1948 * place of birth (POB) from Los Angeles, CA to Mexico City, Mexico * citizenship from United States to Mexico 2. The applicant provides his U.S. The evidence of record shows his DOB, POB, and citizenship reflected on his DD Form 214 are consistent with every document in his available service...

  • ARMY | BCMR | CY2011 | 20110005069

    Original file (20110005069.txt) Auto-classification: Approved

    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 27 July 1948 instead of 27 February 1948. His DD Form 47 (Record of Induction) shows his DOB as 27 July 1948. His DD Form 47, Standard Form 93, Standard Form 88, and other documents all show his DOB as 27 July 1948.

  • ARMY | BCMR | CY2012 | 20120022805

    Original file (20120022805.txt) Auto-classification: Approved

    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 | CY2008 | 20080015424

    Original file (20080015424.txt) Auto-classification: Approved

    The applicant requests that the date of birth (DOB) listed on his separation document (DD Form 214) be corrected from 18 to 17 June 1948. All military documents contained in the applicant's military records which reflect a DOB show 17 June 1948, with the exception of his DD Form 214. __________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 | CY2013 | 20130010994

    Original file (20130010994.txt) Auto-classification: Denied

    The applicant requests correction of the date of birth (DOB) entered on his DD Form 214 (Report of Separation from Active Duty) for the period ending 7 March 1975. On 20 March 1967, he signed a DD Form 398 (Statement of Personal History) certifying the information he had provided on the form was correct. DISCUSSION AND CONCLUSIONS: The evidence shows that over the course of the applicant's military service three dates were recorded as his DOB.

  • ARMY | BCMR | CY2012 | 20120002705

    Original file (20120002705.txt) Auto-classification: Approved

    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 5 February 1948 instead of 5 January 1948. His official military personnel file (OMPF) contains a: a. DD Form 398 (Statement of Personal History) that he completed and signed that lists his DOB as 5 February 1948; b. DD Form 47 (Record of Induction), dated 17 January 1968, that shows his DOB as 5 January 1948; c. DD Form 1584 (National...

  • ARMY | BCMR | CY2010 | 20100028809

    Original file (20100028809.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his birth date as 31 October 1948 instead of 10 October 1948. His service record includes various documents which show his date of birth as 31 October 1948, such as his: * DD Form 47 (Record of Induction) * DD Form 1584 (National Agency Check Request) * DA Form 20 (Enlisted Qualification Record) 4. _______ _ __X______ ___ CHAIRPERSON I certify that herein is...

  • ARMY | BCMR | CY2014 | 20140010187

    Original file (20140010187.txt) Auto-classification: Denied
  • ARMY | BCMR | CY2014 | 20140007006

    Original file (20140007006.txt) Auto-classification: Approved

    The applicant requests correction of his record to show his date of birth (DOB) as 29 rather than 12 December 1948. Item 9 (DOB) of the DD Form 214 rendered upon his release from active duty shows his DOB as 12 December 1948. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.