BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120004317
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 correct date of birth (DOB).
2. The applicant states his DD Form 214 incorrectly reflects his DOB as 23 May 1935 when it is, in fact, 7 May 1935. He states that 23 May 1935 is the date his birth certificate was issued, not his DOB.
3. The applicant provides copies of his DD Form 214 and 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 records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the applicant provided sufficient documents to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 19 April 1954 for a period of 3 years. He completed training as a carrier equipment repairman and was transferred to Germany for assignment to the 97th Signal Battalion. He was promoted to the rank of specialist second class (SP2) on 28 December 1956.
4. On 29 March 1957, he was honorably released from active duty (REFRAD) at Fort Dix, New Jersey, after completing 2 years, 11 months, and 11 days of active service.
5. His DD Form 214 reflects his DOB as 23 May 1935 and he authenticated the DD Form 214 with his signature at the time of his REFRAD. His birth certificate was issued on 21 January 1959 and reflects his DOB as 7 May 1935 according to the birth record filed with the Department of Health of the City of New York Bureau of Records and Statistics on 23 May 1935.
6. 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. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant has not provided any explanation as to why he served under the DOB reflected on his DD Form 214, it is reasonable to presume that an administrative error occurred at the time of his enlistment that resulted in the date his birth was filed instead of the actual DOB.
2. Accordingly, it would be in the interest of justice to correct his records to show that his actual DOB is the 7th instead of the 23d.
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 the DOB reflected on his DD Form 214 and entering the DOB that is reflected on his Birth Certificate.
_______ _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.
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