IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110015341
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:
* item 6 (Date of Rank) the entry 11 January 1970 instead of 11 June 1970
* item 9 (Date of Birth) the entry 29 June 1949 instead of 29 January 1949
2. The applicant states the date of rank and date of birth shown on his
DD Form 214 are incorrect.
3. The applicant provides:
* A letter from the American Legion Post 125
* Certificate of Live Birth
* 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. The applicant was inducted into the Army of the United States on 25 February 1969. His DD Form 47 (Record of Induction) shows his date of birth as
29 January 1949.
3. His official military personnel file (OMPF) contains a DD Form 1584 (National Agency Check Request) that was completed on 19 March 1969. This form shows his date of birth as 29 June 1949.
4. His DA Form 20 (Enlisted Qualification Record) shows he was advanced through the ranks to his final rank/grade of specialist four (SP4)/E-4, effective
11 June 1970.
5. He provides a Washington State Certificate of Live Birth, dated 1 July 1949, that shows his date of birth as 29 June 1949.
6. The applicant was honorably released from active duty on 2 October 1970 as an overseas returnee. The DD Form 214 he was issued at the time shows his date of birth as 29 January 1949 and his date of rank as 11 June 1970.
7. Army Regulation 635-5 (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 Soldiers 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.
8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and his supporting evidence has been carefully considered.
2. The evidence of record shows he was advanced to pay grade E-4 effective
11 June 1970. This information is properly shown in item 6 of his DD Form 214 and he has not provided any evidence to show that this information in incorrect. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
3. However, the evidence of record does show that the date of birth shown on his DD Form 214 in incorrect. His DD Form 1584 and his Certificate of Live Birth show his date of birth as 29 June 1949. Therefore, his DD Form 214 should be corrected to show his date of birth as 29 June 1949.
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 from item 9 the entry 29 January 1949 and replacing it with the entry
29 June 1949.
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 correcting item 6 of his
DD Form 214 to change his date of rank.
__________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) AR20110015341
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015341
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