IN THE CASE OF:	  

		BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140009823 


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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his month of birth as “July.”

2.  The applicant states that his DD Form 214 incorrectly reflects his month of birth as “August” when in fact it is “July.”

3.  The applicant provides copies of his DD Form 214 and driver’s license.

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 on 15 August 1972.  At the time of his induction his Record of Induction (DD Form 47) reflected a month of birth of “August.”

3.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a cook at Fort Knox, Kentucky before being transferred to Fort Leonard Wood, Missouri for his first and only assignment.

4.  His records contain several documents including his identification card application and physical examination showing his month of birth as “July.”  Additionally, his DA Form 2 (Personnel Qualification Record – Part 1) shows his month of birth as “July.”

5.  On 15 August 1974, he was released from active duty (REFRAD) under honorable conditions.  His DD Form 214 issued at the time of his REFRAD shows his month of birth as “August.”

6.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show his month of birth as “July” instead of “August” has been noted and appears to have merit.

2.  There are sufficient documents contained in his official records to show that his month of birth is July instead of August.

3.  Accordingly, his DD Form 214 should be corrected to show his month of birth as July.

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 showing on his DD Form 214 that his month of birth is “07” instead of “08.”




      _______ _   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)                                         AR20140009823





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ABCMR Record of Proceedings (cont)                                         AR20140009823



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