IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024420
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 reflect his service number as "RA XX XXX 638" and his date of birth (DOB) as "13 February 1945."
2. The applicant states his DOB was entered incorrectly as "3 Feb 45" and his service number was overtyped.
3. The applicant provides copies of his birth certificate, driver's license, and DD Form 214 showing the last three digits of his service number overtyped.
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. Inasmuch as the record copy of his DD Form 214 shows his correct service number, there is no error requiring Board action. Therefore, it will not be discussed further in this Record of Proceedings. A copy of his DD Form 214 will be provided to him.
3. The applicant enlisted in the Regular Army in Syracuse, New York, on 17 April 1964 for a period of 3 years and assignment to Europe. At the time of his enlistment his DOB was recorded as "13 February 1945."
4. He completed his training as a light weapons infantryman and was transferred to Germany on 31 August 1964. He served in Germany until 5 April 1967 and was transferred to Fort Hamilton, New York, where he was honorably released from active duty (REFRAD) on 7 April 1967 as an overseas returnee. He completed 2 years, 11 months, and 21 days of active service. His DD Form 214 issued at the time of his REFRAD shows his DOB as "3 Feb 45."
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:
The applicant's contention that his DOB is incorrectly reflected on his DD Form 214 has been noted and found to have merit. The applicant's DOB is officially recorded as "13 February 1945" and it is incorrectly reflected as "3 Feb 45" on his DD Form 214. Accordingly, his DD Form 214 should be corrected to reflect his DOB as "13 Feb 45."
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 DOB entry from his DD Form 214 and replacing it with "13 Feb 45."
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States 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) AR20110024420
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ABCMR Record of Proceedings (cont) AR20110024420
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