IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110007827
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) for the period ending
27 November 1963 to show his date of birth (DOB) as 2 June 1942 instead of
2 June 1943.
2. The applicant states his DOB is incorrect.
3. The applicant provides:
* his DD Form 214 for the period ending 8 February 1967
* Georgia Driver's License
* Certificate of Birth
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 pre-induction processing, the applicant completed a Selective Service System (SSS) Form 254 (Application for Voluntary Induction) on 11 September 1961. He placed in item 5 (DOB) the entry "June 2, 1942." He also authenticated this form by signing his name on the appropriate signature line.
3. He was subsequently inducted into the Army of the United States on
6 December 1961. Item 5 (DOB) of his DD Form 47 (Record of Induction) contains the entry "2 Jun 43."
4. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his DOB as "2 Jun 42."
5. His record contains several personnel, legal, and medical documents including a DD Form 398 (Statement of Personal History), a DA Form 873 (Certificate of Clearance and/or Security Determination Under EO (Executive Order) 10450), a DA Form 41 (Record of Emergency Data), and various other documents that show his DOB as 2 June 1942.
6. He was honorably released from active duty (REFRAD) on 27 November 1963 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 6 (DOB) of the DD Form 214 for this period of service shows the entry "2 Jun 43."
7. On 13 February 1964, the applicant enlisted in the Regular Army for a period of 3 years. He was honorably REFRAD on 8 February 1967 as an overseas returnee and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 6 of this DD Form 214 shows his DOB as "2 Jun 42."
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. It states for item 6, self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending
27 November 1963 should be corrected to show his DOB as 2 June 1942.
2. Although the applicant's DD Form 47 listed his DOB as 2 June 1943 upon his induction, other than his DD Form 214 for the period ending 27 November 1963 all other documents contained in his official military records show his DOB as
2 June 1942. It appears the incorrect DOB listed on his DD Form 47 and
DD Form 214 for the period ending 27 November 1963 was a result of an administrative oversight. Therefore, it would be appropriate at this time to correct his DD Form 214 for the period ending 27 November 1963 to show his DOB as
2 June 1942.
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 deleting from item 6 of his DD Form 214 for the period ending 27 November 1963 the entry "2 Jun 43" and replacing it with the entry "2 June 1942."
___________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) AR20110007827
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ABCMR Record of Proceedings (cont) AR20110007827
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