IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001046
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 4 May 1942 instead of 4 March 1942.
2. The applicant states his DD Form 214 shows his DOB as 4 March 1942.
3. The applicant does not provide any additional documents.
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 Regular Army (RA) on 11 October 1966 for a period of 2 years and the officer candidate school (OCS) enlistment option.
Item 15 of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 4 May 1942.
3. The applicant attended Engineer OCS at Fort Belvoir, VA. On 3 August 1967, upon completion of OCS, he was honorably discharged to accept a commission as an officer in the Army. Item 9 (DOB) of the DD Form 214 he was issued for the period ending 3 August 1967 shows his DOB as 4 May 1942.
4. On 4 August 1967, the applicant accepted an appointment as a U.S. Army Reserve (USAR) second lieutenant (2LT), Corps of Engineers with concurrent call to active duty. Item 8 of his DA Form 61 (Application for Appointment) shows his DOB as 4 May 1942.
5. On 28 July 1969, the applicant was honorably released from active duty as a first lieutenant (1LT). He was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. Item 9 of the DD Form 214 he was issued at the time shows his DOB as 4 March 1942.
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 establishes standardized policy for preparing and distributing the DD Form 214. In 1969, the regulation simply stated entries pertaining to DOB were "self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request was determined to have merit.
2. All of the applicant's entry documents show his DOB as 4 May 1942; his
DD Form 214 for the period ending 3 August 1967 shows his DOB as 4 May 1942. He entered active duty as a USAR officer on 4 August 1967 and his DOB was shown as 4 May 1942.
3. It appears that during the preparation of the applicant's DD Form 214 for the period ending 28 July 1969 an administrative error occurred resulting in his DOB showing he was born in the month of March instead of May.
4. In view of the foregoing, the applicant's DD Form 214 for this period ending
28 July 1969 should be corrected accordingly.
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 deleting from item 9 of his DD Form 214 for the period ending 28 July 1969 the current entry and replacing it with the entry "4 May 1942."
____________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) AR20120001046
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ABCMR Record of Proceedings (cont) AR20120001046
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