IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021996
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 the date of birth (DOB) listed in block 6 (Date of Birth) of his 11 February 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the DOB listed on the 11 February 1966 DD Form 214 is in error.
3. The applicant provides an Affidavit of Personal Knowledge from his older sister, dated 31 August 2011; a VA Form 21-4138 (Statement in Support of Claim); and DD Form 214, dated 11 February 1966, in support of his application.
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 applicants record contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) documenting his enlistment in the Regular Army on 12 February 1963. This document lists his DOB as xx July xxxx in block 15 (DOB) and is authenticated with the signatures of the applicant and enlistment officer.
3. The DA Form 20 (Enlisted Qualification Record) prepared and last audited by the applicant on 11 September 1965 lists his DOB as xx July xxxx in block 6 (DOB).
4. The majority of documents in the applicants Military Personnel Records Jacket (MPRJ) list a DOB of xx July xxxx.
5. On 11 February 1966, the applicant was honorably released from active duty, in the rank of specialist four, after completing 3 years of active military service. The DOB entered in block 6 is xx June xxxx.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time identified the DA Form 20 as the primary record source for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicants request to correct the DOB on the 11 February 1966 DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant entered and performed his military service under the DOB of xx July xxxx, as evidenced by the DD Form 4 documenting his enlistment and the DA Form 20 on file. As a result, it is clear the DOB listed in block 6 of the DD Form 214 in question was an administrative error that should be corrected at this time. Therefore, it would be appropriate to amend block 6 of the applicants 11 February 1966 DD Form 214 to show his DOB as xx July xxxx.
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 amending his 11 February 1966 DD Form 214 by deleting the current entry in block 6 and adding the entry as it is listed on his DA Form 20.
__________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) AR20110021996
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ABCMR Record of Proceedings (cont) AR20110021996
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