BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140016532 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the year of his birth as 1938 instead of 1937.

2.  The applicant states, in effect, the current error is hindering him from obtaining State veterans benefits.

3.  The applicant provides:

* DD Form 214
* copy of birth record
* notification of birth registration
* birth certificate amendment form
* letter from the applicant to the Office of Veterans Services

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 records are incomplete.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is reasonable to conclude most of the applicant's records were lost or destroyed in that fire.  His available record contains a DD Form 214 which indicates he enlisted in the Wisconsin Army National Guard (WIARNG) at some point and he entered active duty on 15 October 1961.  

3.  On 10 August 1962, he was honorably released from active duty and reverted to the WIARNG.  His DD Form 214 shows in item 6 (Date of Birth) “27 Jun 37.”

4.  The available evidence contains two medical documents which show his year of birth as 1938:

* Standard Form (SF) 89 (Report of Medical History), dated 4 June 1962
* SF 88 (Report of Medical Examination), dated 4 June 1962

5.  The applicant provides:

	a.  A certified copy of birth record showing his year of birth as 1938.

	b.  A Department of Commerce Bureau of Census Notification of Birth Registration which states his year of birth is 1938.

	c.  A certified copy of a birth certificate amendment form which requests correction of the applicant's date of birth from 27 June 1937 to 27 June 1938.  This document shows the change was court-ordered on 2 March 1983.

DISCUSSION AND CONCLUSIONS:

The available records are not complete, but contain two documents which support the applicant's contention the year of his birth is 1938.  These documents serve as sufficient evidence to correct his DD Form 214 to show his date of birth as 27 June 1938.  Based upon the foregoing, relief should be granted.




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 a date of birth of 27 June 1938 as listed on his SF 88.



      _______ _  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)                                         AR20140016532



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ABCMR Record of Proceedings (cont)                                         AR20140016532



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