IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020319
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 15 October 1955 instead of 15 October 1954.
2. The applicant states his date of birth on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and a certified copy of his birth record.
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 he enlisted in the Regular Army on 2 November 1972. He completed initial entry training, was awarded the military occupational specialty of clerk, and was promoted to pay grade E-2.
3. He provided a certified copy of his birth record which shows his date of birth as 15 October 1955.
4. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), DD Form 373 (Consent, Declaration of Parent or Legal Guardian), and other documents contained in his records show his date of birth as 15 October 1955.
5. On 19 July 1973, he was discharged from active duty. His DD Form 214 for this period of service shows his date of birth as 15 October 1954. This form shows he completed a total 8 months and 18 days of active military service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's certified copy of birth record, DD Form 4, DD Form 373, and other documents in his military records show his date of birth as 15 October 1955. As such, it appears the date of birth on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 to show his date of birth as 15 October 1955.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 amending item 9 (Date of Birth) on his DD Form 214 to show 15 October 1955.
_______ _ _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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