IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019438
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 year of birth as 1947.
2. The applicant states his DD Form 214 incorrectly reflects his year of birth as 1967 instead of 1947.
3. The applicant provides copies of his DD Form 214 and birth certificate.
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 applicant's 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 applicant's 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 in Detroit, Michigan, on 8 September 1967. His year of birth was recorded as 1947.
3. He completed basic training at Fort Knox, Kentucky; advanced individual training as a light weapons infantryman at Fort Ord, California; and dog handler training at Fort Benning, Georgia, before being transferred to Vietnam on 31 May 1968 for assignment to the 38th Infantry Platoon Scout Dog of the 25th Infantry Division. He was promoted to the rank of sergeant on 17 January 1969.
4. He departed Vietnam on 26 May 1969 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 27 May 1969 as an overseas returnee. He completed 1 year, 8 months, and 20 days of active service. His DD Form 214 issued at the time of his REFRAD shows his year of birth as 1967 in block 9 (Date of Birth).
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not properly reflect his correct year of birth has been noted and found to have merit.
2. The applicant was born in 1947 and he served his entire period of service with his records reflecting that information; however, it appears that an administrative error occurred at the time of his REFRAD which resulted in his DD Form 214 being prepared to reflect an incorrect year of birth of 1967 instead of 1947.
3. Accordingly, his DD Form 214 should be amended at this time to reflect his correct year of birth.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the entry "15 NOV 67" from block 9 of his DD Form 214
* adding the entry "15 NOV 47" to block 9 of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War 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.
ABCMR Record of Proceedings (cont) AR20110019438
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110019438
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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