BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000868
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his date of birth (DOB) as 4 February 1944.
2. The applicant states that he just reviewed his DD Form 214 and realized that his DOB is incorrect.
3. The applicant provides a copy of his DD Form 214 and a copy of his birth certificate showing his DOB as 4 February 1944.
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 enlisted in the Regular Army in Newark, New Jersey on 20 March 1963 for a period of 3 years and training as a radio and carrier repairman. At the time of his enlistment he indicated that his DOB was 5 February 1944.
3. He completed his training and was transferred to Europe where he served until he was honorably released from active duty (REFRAD) on 14 March 1966 as an overseas returnee. All of his records show that his DOB was 5 February 1944 and his DD Form 214 issued at the time of his REFRAD shows that his DOB was 5 February 1944.
4. The birth certificate provided by the applicant reflects that his DOB is 4 February 1944.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant claimed 5 February 1944 as his DOB and he served his entire enlistment using that DOB; accordingly, his
DD Form 214 was properly prepared at the time.
2. However, given that there is only 1 day of difference between the day claimed as his DOB and the date listed on his birth certificate, it would be appropriate under the circumstances to correct his DOB on his DD Form 214 to show his DOB as 4 February 1944 instead of 5 February 1944.
BOARD VOTE:
__x___ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 showing in block 6 (Date of Birth) of his DD Form 214 that his DOB is 4 February 1944 instead of 5 February 1944.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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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