IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023201
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 date of birth (DOB) as 13 March 1942 vice 13 March 1943.
2. The applicant states the year of birth is incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214 and a 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 enlisted in the Army National Guard (ARNG) on 18 February 1963. Item 15 (DOB) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his year of birth as 1943.
3. His enlistment Report of Medical History and Report of Medical Examination both listed his year of birth as 1943.
4. He entered active duty for training on 7 April 1963 and completed training for military occupational specialty 112.00 (Heavy Weapons Infantryman).
5. His separation Report of Medical History and Report of Medical Examination both listed his year of birth as 1942. Additionally, his service dental records listed his year of birth as 1942.
6. He was honorably released from ADT to the control of his State ARNG on 6 October 1963. His DD Form 214 shows in item 6 (DOB) - "13 Mar 43."
7. He provides a birth certificate, dated (issued) 18 November 2011, that contains his name and the DOB as 13 March 1942.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Items 5a and 5b show the rank and grade at the time of separation; item 6 shows the effective date of pay grade, and item 9 shows the DOB.
DISCUSSION AND CONCLUSIONS:
The applicant's enlistment contract listed his year of birth as 1943. However, several documents in his service records show his year of birth as 1942. The 1942 year of birth is consistent with the year of birth shown on his birth certificate. It appears his DD Form 214 inadvertently listed his year of birth as 1943. Therefore, he is entitled to correction of his DD Form 214 to show the correct DOB.
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 DD Form 214 by deleting from item 6 the entry "13 Mar 43" and adding the entry "13 Mar 42."
__________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) AR20110023201
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ABCMR Record of Proceedings (cont) AR20110023201
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