IN THE CASE OF:
BOARD DATE: 30 April 2013
DOCKET NUMBER: AR20120018819
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 21 instead of 18 Jxxx 19XX.
2. The applicant states he used his birth certificate upon his entry on active duty and recorded his DOB as shown on his birth certificate. His DD Form 214 shows an incorrect DOB.
3. The applicant provides his DD Form 214, social security card, 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 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as "21 Jxxx 19XX."
3. His DD Form 47 (Induction Record) shows he was inducted into the AUS on 2 January 1968. Item 5 (DOB) lists his DOB as "18 Jxxx 19XX."
4. His contemporaneous DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his DOB as "21 Jxxx 19XX." He reviewed this form at a later date and placed his signature in the appropriate place.
5. His official records also contain various documents, including a DA Form 41 (Record of Emergency Data), DA Form 428 (Application for Identification Card), and Reports of Medical Examination, that list the same DOB as the one listed on his DD Form 398. He authenticated some of these documents when it was appropriate by placing his signature in the appropriate place.
6. He was honorably released from active duty on 25 December 1969. Item 9 (DOB) of his DD Form 214 lists his DOB as "18 Jxxx 19XX."
7. He submitted a birth certificate that contains a name similar to his with a DOB of 21 Jxxx 19XX.
8. 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. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
When the applicant was inducted into the AUS, he listed his DOB as "21 Jxxx 19XX." However, his Record of Induction erroneously listed his DOB as 18 Jxxx 19XX. Several other documents in his service records contain a DOB that is consistent with the DOB he listed on his DD Form 398. It appears his DD Form 214 inadvertently listed an incorrect DOB of 18 Jxxx 19XX. Therefore, he is entitled to correction of his DD Form 214 to show his correct DOB of 21 Jxxx 19XX.
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 amending his DD Form 214 by deleting the entry in item 9 and adding the entry as it is listed on his DD Form 398.
_______ _ __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) AR20120018819
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ABCMR Record of Proceedings (cont) AR20120018819
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