IN THE CASE OF: BOARD DATE: 6 March 2015 DOCKET NUMBER: AR20140012927 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 show his day of birth as 28 vice 29. 2. The applicant states his day of birth is shown as 29 which is incorrect. 3. The applicant provides: * DD Form 214 * Birth Certificate * Amendment to Birth Certificate * Driver License * a letter 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's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using his DD Form 214. 3. The applicant was inducted into the Army of the United States on 27 September 1954. He was honorably released from active duty on 30 August 1956 and credited with completing 1 year, 11 months, and 4 days of active duty service. 4. Item 6 (Date of Birth) of his DD Form 214 shows his day and month of birth as 29 October. 5. He provides his State of Texas Birth Certificate with amendment that shows his day and month of birth as 28 October. 6. Army Regulation 635-5 (Separation Documents) in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: The applicant's military records are not available for review; however, his birth certificate confirms his day and month of birth as 28 vice 29 October. Therefore, it is accepted that an administrative error occurred during the preparation of his DD Form 214 resulting in his day of birth being listed as 29 instead of 28. Therefore, it would be appropriate to correct his DD Form 214 as he requests. 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 amending his DD Form 214 to show his day of birth as 28, as it appears on his birth certificate. _______ _ _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) AR20140012927 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012927 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1