BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018758
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 13 April 1948 instead of 18 April 1948.
2. The applicant states a clerical error resulted in his DD Form 214 being prepared to reflect he was born on 18 April 1948 instead of 13 April 1948.
3. The applicant provides a copy of his DD Form 214, Certification of Birth, and Personal Driver's License.
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 applicant was inducted into the Army of the United States on 6 May 1970. At the time of his induction his records were prepared to show he was born on
13 April 1948 as evidenced by his Record of Induction, Statement of Personal History, and National Agency Check Request documents in his record. He continued to serve under that DOB throughout his service.
3. He completed his training as a clerk typist and he was transferred to Vietnam on 24 September 1970. He departed Vietnam on 9 November 1971 and he was transferred to Fort Lewis, WA for separation processing. On 10 November 1971, he was honorably released from active duty (REFRAD) as an overseas returnee. The DD Form 214 he was issued at the time of his REFRAD shows his DOB as 18 April 1948.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers and establishes the standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrectly reflected on his
DD Form 214 has been noted and found to have merit.
2. At the time the applicant's induction, his DOB was listed in his official records as 13 April 1948 and he served under that DOB during his entire period of service. However, at the time of his REFRAD it appears that during the preparation of his DD Form 214 his DOB was listed as 18 April 1948 instead of 13 April 1948 as a result of an administrative error.
3. In view of the foregoing, it would be appropriate at this time to correct his
DD Form 214 by correcting his DOB as 13 April 1948 instead of 18 April 1948.
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 his DD Form 214 the current date of birth entry and replacing it with the entry "13 April 1948."
_________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) AR20120018758
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ABCMR Record of Proceedings (cont) AR20120018758
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