IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080015424
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 the date of birth (DOB) listed on his separation document (DD Form 214) be corrected from 18 to 17 June 1948.
2. The applicant states that he just noticed the discrepancy.
3. The applicant provides a certificate of birth which shows his DOB as 17 June 1948 and his DD Form 214.
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 applicants 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 applicants 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 show that he enlisted in the Regular Army on 22 May 1967. His DOB listed on his enlistment contract is 17 June 1948.
3. All military documents contained in the applicant's military records which reflect a DOB show 17 June 1948, with the exception of his DD Form 214.
4. The applicant was honorably released from active duty on 23 February 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated, in effect, that the entry for block 9 (Date of Birth) was self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that the DOB listed in Item 9 of his DD Form 214 be corrected from 18 to 17 June 1948.
2. All of the applicant's military records reflect his DOB as 17 June 1948.
3. As such, it is evident that an error was made in the preparation of the applicant's DD Form 214. Therefore, it would be appropriate to correct that error at this time.
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:
a. deleting the current entry in Item 9 of his DD Form 214; and
b. adding to Item 9 of his DD Form 214 the entry "17 Jun 48."
__________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) AR20080014918
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080015424
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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