IN THE CASE OF:
BOARD DATE: 30 April 2013
DOCKET NUMBER: AR20120017321
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased father, a former service member (FSM), to show his date of birth (DOB) as "8 August 1953" vice "8 August 1952."
2. The applicant states the FSM's birth year is incorrectly listed on his first "enlistment" paper.
3. The applicant provides:
* two Galveston County Health District Certificates of Birth
* City of Austin Certificate of Death
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. The FSM initially enlisted in the Regular Army on 13 November 1970 for a period of 3 years. The DD Form 4 (Enlistment Record Armed Forces of the United States) and DD Form 398 (Statement of Personal History) completed during his enlistment processing lists his DOB as 8 August 1953.
3. The FSM's military record contains a DA Form 20 (Enlisted Qualification Record) that was completed upon his entry on active duty. This form lists his DOB as 8 August 1953.
4. On 19 July 1971, the FSM was honorably discharged for the purpose of immediate reenlistment. He completed 8 months and 7 days of total active service. The DD Form 214 issued upon his discharge includes the entry
"8 Aug 52" in item 9 (DOB).
5. On 20 July 1971, the FSM reenlisted and continued to serve until he was discharged under honorable conditions on 31 March 1974. The DD Form 214 issued at that time includes the entry "8 August 1953" in item 4 (DOB).
6. The applicant provides a copy of the FSM's Certificate of Birth. It confirms he was born on 8 August 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contends the FSM's first "enlistment papers" should be corrected to show his correct DOB as 8 August 1953. The evidence of record confirms that this is the DOB listed on his initial DD Form 4 prepared on 13 November 1970. Accordingly, it is apparent that the applicant seeks correction of the FSM's initial DD Form 214.
2. The evidence of record shows at the time the FSM entered the Army, his DOB was listed as 8 August 1953, and his military record contains official documents which list this same DOB. The applicant now provides a copy of the FSM's Certificate of Birth that confirms his DOB as 8 August 1953. It appears that an administrative error occurred during the processing the FSM's initial
DD Form 214 issued on 19 July 1971. Therefore, it would be appropriate at this time to correct this DD Form 214 to show his DOB as shown on his Certificate of Birth.
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 current entry from item 9 of the FSM's DD Form 214 issued on
19 July 1971, and replacing it with the DOB entry 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) AR20120017321
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ABCMR Record of Proceedings (cont) AR20120017321
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