BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004591
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
28 August 1949 instead of 28 October 1949.
2. He states he cannot register with the Department of Veterans Affairs (VA).
3. He provides his DD Form 214 and Certificate of Birth.
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 was inducted into the Army of the United States on 4 June 1970. He completed training and he was awarded military occupational specialty 62E (construction machine operator).
3. His record contains numerous documents that list his DOB as 28 August 1949. These documents include:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 398 (Statement of Personal History)
* Armed Forces Fingerprint Card
* DD Form 1584 (National Agency Check Request)
4. On 13 January 1972, he was honorably released from active duty under the early release program. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 7 months, and 10 days of total active service. Item 9 (DOB) of his DD Form 214 shows his DOB as 28 October 1949.
5. His Record of Induction and Report of Medical Examination are the only other documents in his record that show his DOB as 28 October 1949.
6. He provided his Certificate of Birth that shows his DOB as 28 August 1949.
7. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears that 28 August 1949 was used as the applicant's DOB throughout his military service, with the exception of his Record of Induction, Report of Medical Examination, and DD Form 214. All other documents in his record show his DOB as 28 August 1949 as shown on his Certificate of Birth. Therefore, his
DD Form 214 should be corrected to show his DOB as 28 August 1949.
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 the current entry and replacing it with his date of birth as shown on his Certificate of Birth.
__________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) AR20120004591
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ABCMR Record of Proceedings (cont) AR20120004591
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