BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001860
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 (DOB) as 2 February 1945
* date of rank (DOR) as 18 July 1969
2. The applicant states, in effect, the dates were missed.
3. The applicant provides his DD Form 214.
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. In connection with his induction, the applicant completed a DD Form 398 (Statement of Personal History). He indicated that his DOB was 2 February 1945. He authenticated this form by placing his signature in the appropriate block.
3. He was inducted into the Army of the United States on 24 August 1967. Item 5 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 2 February 1945.
4. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army showed his DOB as 2 February 1945.
5. His records contain several personnel, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, and various other documents that show his DOB as 2 February 1945.
6. After a series of promotions and reductions, he was promoted to private (PV2)/E-2 on 18 July 1969.
7. He was honorably released from active duty on 19 September 1969. His DD Form 214 shows in items:
* 5a (Grade, Rate or Rank) and 5b (Pay Grade) - "PV2" and "E-2"
* 6 (DOR) - 18 July 1945
* 9 (DOB) - 2 February 1969"
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Items 5a and 5b show the rank and grade at the time of separation; item 6 shows the effective date of pay grade, and item 9 shows the DOB.
DISCUSSION AND CONCLUSIONS:
The applicant listed his DOB as 2 February 1945 upon his induction. This DOB is consistent with the DOB on all official military records throughout his military service. Additionally, he was advanced to PV2/E-2 on 18 July 1969. It appears his DD Form 214 inadvertently mixed his DOB and DOR. Therefore, he is entitled to correction of his DD Form 214 to show the correct DOB and correct DOR.
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 his DD Form 214 by:
* deleting from item 6 the entry "18 Jul 45" and adding the entry "18 Jul 69"
* deleting from item 9 the entry "2 Feb 69" and adding the entry "2 Feb 45"
_______ _ 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) AR20110001860
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ABCMR Record of Proceedings (cont) AR20110001860
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