IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003467
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 (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.
2. The applicant states his DD Form 214 shows an incorrect DOB.
3. The applicant provides his DD Form 214, certificate of live birth, social security card, U.S. passport, State drivers license, a receipt, and a Department of Veterans Affairs (VA) 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 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).
3. The applicant enlisted in the USAR under the Delayed Entry Program (DEP) on 21 January 1975. His DEP DD Form 4 (Enlistment Contract) listed his DOB as 1 September 19XX.
4. Following his discharge from the DEP, he enlisted in the Regular Army (RA) on 4 February 1975. His RA enlistment contract also listed his DOB as 1 September 19XX.
5. His records contain a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 21 June 1977 that shows his DOB as 1 September 19XX.
6. He was honorably discharged on 14 November 1977. Item 4 (DOB) of his DD Form 214 for this period of service shows his DOB as 3 September 19XX.
7. He reenlisted in the RA on 15 November 1977. Item 7 (DOB) of his reenlistment contract (DD Form 4) shows his DOB as 3 September 19XX.
8. His records contain multiple documents, as shown below, that listed his DOB as 1 September 19XX. He authenticated some of these forms with his signature as required.
* DA Form 428 (Application for Identification Card)
* DD Form 93 (Record of Emergency Data)
9. He was honorably released from active duty on 14 November 1980. Item 5 (DOB) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service shows his DOB as 3 September 19XX.
10. He provides a U.S. passport, birth certificate, driver license, and VA medical card, listing his name and his DOB as 1 September 19XX.
11. 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:
1. The applicant's records show when he enlisted he stated his DOB was 1 September 19XX. His DOB is consistently recorded as 1 September 19XX on most documents in his service record. It appears his DD Form 214 for the period ending 14 November 1977 shows an incorrect (3 September) DOB.
2. The error on his DD Form 214 generated another error in that when he reenlisted in the RA, his enlistment contract listed his DOB as 3 September 19XX which in turn resulted in his second DD Form 214, for the period ending 14 November 1980, to also show an incorrect DOB.
3. There is sufficient evidence to support his contention and correct both of his DD Forms 214 to show his DOB as 1 September 19XX.
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 deleting the current DOB from his DD Forms 214 for the periods ending 14 November 1977 and 14 November 1980 and adding the DOB as it is shown on his DD Form 398 and drivers 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) AR20150003467
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150003467
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020199
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 3 April 19XX. 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. Although the State of South Carolina documentation provided by the applicant shows his DOB as 3...
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 | 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 | 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 | CY2012 | 20120022624
His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 30 June 1967, shows his first name as Cxxmmie and his DOB as 27 November 19xx. ___________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) AR20120022624 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...
ARMY | BCMR | CY2013 | 20130018147
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 11 July xxxx. Item 4 (DOB) of his DD Form 214 (Report of Separation from Active Duty), dated 22 March 1978, shows his DOB as 10 July xxxx. ______________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 | CY2015 | 20150002013
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). Therefore, his DD Form 214 should be corrected to show his DOB as recorded on his driver's license.
ARMY | BCMR | CY2014 | 20140005600
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 28 October 1955. His DD Forms 4 (Enlistment Contract - Armed Forces of the United States) for both his initial enlistment and subsequent reenlistments and all other documents throughout his record show his DOB as 28 October 1956 with the exception of a DA Form 873 (Certificate of Clearance and/or Security Determination), which shows his DOB as 28...
ARMY | BCMR | CY2015 | 20150000363
The applicant requests, in effect, correction of item 5 (Date of Birth (DOB)) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his DOB as 26 January 19XX vice 28 January 19XX. 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 contends his DD...
ARMY | BCMR | CY2014 | 20140014152
Application for correction of military records (with supporting documents provided, if any). 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. Although the applicant requests correction of a DD Form 214 to show the SSN and DOB as shown on his social security card and driver license, there...