IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000350
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 date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the DOB is incorrect on his DD Form 214. He needs it corrected for the Department of Veterans Affairs.
3. The applicant provides copies of his birth certificate and 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 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 provided a copy of his birth certificate from the Boulevard Hospital, Long Island City, NY, which certifies he was born on 31 March xxxx.
3. The applicant was inducted into the Army of the United States on 1 September 1966.
4. His record contains:
* DD Form 398 (Statement of Personal History), undated, that shows his DOB as 31 March xxxx.
* DD Form 47 (Record of Induction), dated 1 September 1966, that shows his DOB as 21 March xxxx
* DA Form 41 (Record of Emergency Data) that shows his DOB as 21 March xxxx
* DA Form 20 (Enlisted Qualification Record), audited on 6 June 1968, that shows his DOB as 21 March xxxx
5. On 30 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued shows his DOB as 21 March xxxx.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation established standardized policy for preparation of the DD Form 214. The instructions stated to verify the accuracy of the Soldier's DOB with the DOB of record.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's DD Form 398 lists his DOB as 31 March xxx, which is the DOB that is listed on his birth certificate. Therefore, it appears the DOB that is listed on his DD Form 47, DA Form 41, DA Form 20, and his DD Form 214 contains a typographical error. His DD Form 214 should be corrected to show his DOB as 31 March xxxx.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 DOB entry and replacing it with the DOB as it is listed on his birth certificate.
_______ _ 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) AR20130000350
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ABCMR Record of Proceedings (cont) AR20130000350
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