BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090014383
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 (Certificate of Release or Discharge from Active Duty) for the period 29 December 1977 through 31 January 1987 be corrected to show his date of birth as "25 May 1947."
2. The applicant states, in effect, that a typographical error resulted in the incorrect year of birth being entered on his retirement DD Form 214. He further states that this error was brought to his attention when he received notification from the Social Security Administration regarding his benefits upon reaching age 65.
3. The applicant provides copies of his birth certificate, United States of America Passport, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 10 August 1968 through 9 February 1969, DD Form 214 (Report of Separation from Active Duty) for the period 10 February 1969 through 6 February 1975, and his aforementioned DD Form 214 for the period 29 December 1977 through 31 January 1987 as 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 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 record shows he was inducted into the Army of the United States on 28 July 1966. He served on active duty through a series of enlistments which culminated with his retirement from the Regular Army on 31 October 1987.
3. The applicant's record contains a DD Form 47 (Record of Induction) on which his date of birth appears as "25 May 1947."
4. A review of various documents in the applicant's military personnel records show that his date of birth consistently appears as "25 May 1947."
5. Item 5 (Date of Birth) of the applicant's DD Form 214 for the period ending 31 January 1987 shows his date of birth as "25 May 1944."
6. The applicant provides copies of his birth certificate, passport, and DD Forms 214 for the periods ending 9 February 1969, and 6 February 1975 on which his date of birth consistently appears as "25 May 1947."
7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. In pertinent part it stated that the complete social security number and date of birth of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period 29 December 1977 through 31 January 1987 should be corrected to show his date of birth as "25 May 1947" was carefully considered and determined to have merit.
2. The evidence of record shows the applicant's date of birth is "25 May 1947." Therefore, he is entitled to have his DD Form 214 corrected to show his date of birth as "25 May 1947."
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. amending his DD Form 214 for the period 29 December 1977 through 31 January 1987 to show his date of birth as "25 May 1947"; and
b. providing him a document to show this correction.
_______ _ __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) AR20090014383
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