IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110008301
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 show that his date of birth (DOB) is 7 July 1950 and that his blood type is O.
2. The applicant states that his DD Form 214 incorrectly reflects that his DOB is 17 July 1950 and his blood type is A Negative. However, his DOB is 7 July 1950 and his blood type is O.
3. The applicant provides a copy of his birth certificate showing his DOB as 7 July 1950.
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 on 19 February 1970 for a period of 2 years. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a cargo handler at Fort Eustis, Virginia before being transferred to Vietnam on 15 July 1970.
3. He departed Vietnam on 23 September 1971 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 24 September 1971 as an overseas returnee. He had served 1 year, 7 months and 6 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that his DOB is 17 July 1950 and his blood type is A Neg.
4. The applicants medical records are not available for review by the Board and the only document in the applicants official records which indicates his blood type is his DA Form 428 (Application for Identification Card) and that form indicates a blood type of A Neg. However, the applicants official records contain documents that show the applicants DOB as 7 July 1950 and 17 July 1950.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current in official records as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB is incorrectly reflected on his
DD Form 214 has been noted and appears to have merit. While his official records reflect his DOB as both 7 July and 17 July 1950 on various documents, his birth certificate is sufficient to establish that his actual DOB is 7 July 1950. Accordingly, his DD Form 214 should be corrected at this time.
2. While the sincerity of the applicants claim that his blood type is O, the only available document in his official records (less his medical records) is his application for his identification card which indicates a blood type of A Neg, which is also reflected on his DD Form 214.
3. Therefore, absent official evidence to establish his blood type, it must be presumed that the evidence contained in his records is correct and that there is insufficient evidence to justify changing his blood type on his DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ___X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the 17 Jul 50 entry in block 9 of his DD Form 214
* Entering 7 Jul 50 in block 9 of his DD Form 214
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the blood type on his DD Form 214.
_______ _ 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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