IN THE CASE OF
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009515
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) with an effective date of 11 October 1960 to show his date of birth (DOB) as 27 November 1936.
2. The applicant states his DOB on his DD Form 214 should be 27 November 1936.
3. The applicant provides his DD Form 214.
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. He was inducted into the Army of the United States on 17 October 1958. His DD Form 47 (Record of Induction) shows his DOB as 31 May 1936.
3. His DA Form 20 (Enlisted Qualification Record) shows his DOB as 31 May 1936.
4. All documents in his Military Personnel Record Jacket (MPRJ) that record his DOB show his DOB as 31 May 1936.
5. On 11 October 1960, he was released from active duty. His DD Form 214 shows his DOB as 31 May 1936.
6. He later enlisted in the U.S. Army Reserve (USAR) on 26 October 1964 and on 1 November 1965. His DD Forms 4 (Enlistment Record Armed Forces of the United States) for both enlistments show his DOB as 31 May 1936.
7. 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 at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DOB would have been verified at the time of his induction; however, there is no record of what document was used. His DOB is shown as 31 May 1936 throughout his MPRJ wherever it is indicated.
2. He has provided no evidence to show his DOB is in error.
3. It is noted that on his two subsequent USAR enlistment documents, his DOB is shown as 31 May 1936.
4. Therefore, there is an insufficient basis to change his DOB on his
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________ _ _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) AR20120009515
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