BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090007744
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, in effect, correction of his dates of service and year of birth on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that the dates of his induction and separation and his date of birth are incorrectly listed on his DD Form 214. He was born in 1947 not 1946. The applicant does not state what the specific dates of his service should be; however, he states he entered the Army in September during the Vietnam War and he was discharged in July during the war.
3. The applicant provides no documentation in support of his request.
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 requests, in effect, correction of item 10c (Date Inducted) on his DD Form 214. On 27 October 2005 a DD Form 215 (Correction to DD Form 214) was issued correcting item 10c of his DD Form 214 for the period ending 19 July 1968 to show the entry "2 Sep 66." Additionally, evidence of record, including but not limited to the applicant's DD Form 47 (Record of Induction) and 2AA Form 563 (Acknowledgement of Service Obligation) shows he was inducted on
2 September 1966. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. A copy of the referenced DD Form 215 will be provided to the applicant with these Proceedings.
3. The applicant's DD Form 47, dated 2 August 1966, shows he was found qualified for induction and he was subsequently inducted on 2 September 1966. His date of birth is shown as 6 April 1946.
4. The applicant's undated DA Form 3027 (U.S. Army Request for National Agency Check Request) shows his date of birth as 6 April 1946.
5. During his period of service the applicant received six DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)). The applicant's year of birth is shown as 1946 on all these documents.
6. Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, Special Orders Number 201 discharged the applicant effective 19 July 1968. Item 11d (Effective Date [of transfer or discharge]) of his DD Form 214 shows the entry "19 Jul 68."
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for item 9 (Date of Birth) the entry was "Self-explanatory." It further stated that for item 11d, enter date separation is accomplished.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that the date of his separation and his date of birth are incorrectly listed on his DD Form 214.
2. The record does not contain and the applicant has not provided any documentation to show that he was born in 1947 versus 1946. Further, 1946 is the year shown on all of his official military records. Therefore, there is no basis for granting this portion of the applicant's requested relief.
3. The record does not contain and the applicant has not provided any documentation to show any date of separation other than 19 July 1968. Therefore, there is no basis for granting this portion of the applicant's requested relief.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error of injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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.
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