IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110021001
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 the date of birth (DOB) shown on his
DD Form 214 (Report of Separation from Active Duty) ending on 30 June 1977.
2. The applicant states, in effect, the DOB shown on his 1977 DD Form 214 is incorrect. His parents told him that he was born in 1939; however, when he applied for social security-disability he found out his birth certificate shows his year of birth as 1938.
3. The applicant provides a copy of his 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 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's military record shows he served honorably in the Regular Army (RA) from 6 March 1956 to 4 March 1959. The DD Form 214 he was issued shows his year of birth as 1938.
3. He reenlisted in the RA on 5 March 1959 and served until he was honorably discharged on 4 March 1965. The DD Form 214 that he was issued shows his year of birth as 1938.
4. The available evidence does not contain any service records for the period
5 March 1965 to 4 March 1971. Only a DD Form 398 (Statement of Personal History), dated 4 March 1968, that he completed and signed, shows his year of birth as 1939.
5. He enlisted in the RA and continuously served in an active duty status until he was honorably retired on 30 June 1977. During this active service he was issued three DD Forms 214 for service from:
* 5 March 1971 to 21 February 1974
* 22 February 1974 to 9 December 1976
* 10 December 1976 to 30 June 1977
6. The above three DD Forms 214 list his birth year as 1939.
7. He provided a copy of a Mississippi Standard Certificate of Birth, issued on 24 September 1964. This certificate shows an individual with the same name as the applicant was born on the same day as the applicant in 1938.
DISCUSSION AND CONCLUSIONS:
1. The DD Forms 214 he was issued on 4 March 1959 and 4 March 1965 list his year of birth as 1938.
2. However, in 1968 he completed a DD Form 398 and entered his year of birth as 1939.
3. His year of birth is also listed as 1939 on the DD Forms 214 that he was issued on 21 February 1974, 9 December 1976, and 30 June 1977.
4. The available evidence shows the applicant used both 1938 and 1939 as his year of birth when he served in an active duty status and this contributed to the applicant's year of birth being entered incorrectly on his DD Forms 214 ending on 21 February 1974, 9 December 1976, and 30 June 1977.
5. It has long been an unwritten policy of the Board that corrections are only made to documents upon request. However, correcting all three of the above
DD Forms 214 will make his record consistent and accurate. It will not make him worse off. Therefore, it would be appropriate to correct the DOB on all three of the above DD Forms 214.
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:
a. deleting the DOB in item 4 (DOB) of the following DD Forms 214;
* 5 March 1971 to 21 February 1974
* 22 February 1974 to 9 December 1976
* 10 December 1976 to 30 June 1977
b. adding the DOB in item 4 of the above DD Forms 214 as it is listed on his birth certificate; and
c. providing the individual documents to show the above corrections.
_______ _ _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) AR20110021001
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021001
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