IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090011072
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, that the prefix in item 2 (Service Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to "RA" [Regular Army] instead of "US" [United States]; that item 9 (Date of Birth) be changed to show he was born on 29 May 1949; and that item 10c (Date Inducted) be corrected.
2. The applicant states that his mother signed him up at the age of 16. He contends that he was born on 29 May 1949 and was underage at the time. He also states that his entry date is wrong.
3. The applicant provides no documentary evidence in support of his application.
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. Item 5 (Date of Birth) of the applicant's DD Form 398 (Statement of Personal History), dated 2 May 1966, shows he was born on 29 May 1948.
3. Item 2 (Service Number) of the applicant's induction record, dated 20 May 1966, shows the prefix "US." Item 5 (Date of Birth) of his induction record shows he was born on 29 May 1948. This form also shows he volunteered for induction.
4. The applicant was inducted into the Army of the United States on 20 May 1966. On 10 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
5. Item 2 of the applicant's DD Form 214 shows the prefix "US." Item 9 of his DD Form 214 shows he was born on 29 May 1948. Item 10c of his DD Form 214 shows he was inducted on 20 May 1966.
6. The applicant's DA Form 20 (Enlisted Qualification Record), his DA Form 41 (Record of Emergency), and his DA Form 428 (Application for Identification Card) show he was born on 29 May 1948.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation, in effect at the time, stated that the individual's service number and authorized prefix would be entered in item 2 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted into the Army of the United States and his induction record shows his authorized prefix is "US" which is properly shown in item 2 of his DD Form 214. Therefore, there is no basis for amending item 2 of his DD Form 214.
2. Although the applicant contends that he was born on 29 May 1949, he provided no evidence to support this contention. His military records show he was born on 29 May 1948. Therefore, there is an insufficient basis for amending his date of birth on his DD Form 214.
3. The applicant's contention that his entry date is wrong was noted. However, his induction record shows he was inducted on 20 May 1966 which is properly shown in item 10c of his DD Form 214. Therefore, there is no basis for amending item 10c of his DD Form 214.
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 or 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.
ABCMR Record of Proceedings (cont) AR20090011072
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