IN THE CASE OF: BOARD DATE: 7 April 2015 DOCKET NUMBER: AR20140014037 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 date of birth (DOB) as XX December 1947 vice XX December 1942. 2. The applicant states his DOB is listed incorrectly on his DD Form 214. 3. The applicant provides his DD Form 214, birth certificate, and a copy of his United States (US) Passport. 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. 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. 3. The applicant was inducted into the AUS on 13 April 1967. Item 5 (DOB, Day - Month - Year) of his DD Form 47 (Record of Induction) listed his DOB as XX December 1942. 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as XX December 1947. 5. He completed basic combat and advanced individual training and he was awarded military occupational specialty 95B (Military Police). 6. His records contain a DD Form 93 (Record of Emergency Data) and a DA Form 3027 (U.S. Army Request for National Agency Check) that show his DOB as XX December 1947. 7. He was honorably released from active duty on 11 April 1969. His DD Form 214 shows in Item 9 (DOB) XX December 1942. 8. He provides a birth certificate and a copy of a US Passport that show his name and the DOB as XX December 1947. 9. 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: The applicant listed his DOB as XX December 1947 prior to his induction into the AUS. 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. It appears his DD Form 214 inadvertently shows an incorrect DOB. Therefore, he is entitled to correction of his DD Form 214 to show his DOB as XX December 1947. 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 deleting the current DOB and adding the DOB as it is listed on his birth certificate (XX December 1947). ____________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) AR20140014037 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1