IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002199
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 1 December 1945 instead of 1 November 1945.
2. The applicant believes a typographical error resulted in his DOB being listed incorrectly in his military records.
3. The applicant provides:
* DD Form 214
* DD Form 256A (Honorable Discharge)
* Certificate of Citizenship
* Passport
* Driver License
* Social Security Card
* Health Insurance Card
* U.S. Merchant Marines Document
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's record contains a DD Form 47 (Record of Induction), dated 1 November 1966. Item 5 (DOB) shows the entry "1 Nov 45" which indicates he was born on 1 November 1945.
3. The vast majority of the documents contained in his military personnel record show his DOB as 1 November 1945; however, his record contains a Patient's Recording Card, U.S. Army Medical Service Outpatient Treatment Facilities, which shows his DOB as 1 December 1945. The information on the card is also found on a Standard Form 513 (Clinical Record - Consultation Sheet) located in his military records.
4. On 14 October 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 1 November 1945.
5. The applicant provided a copy of his certificate of citizenship, passport, and driver license which show his DOB as 1 December 1945.
6. 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:
1. The evidence of record shows the applicant's DOB was recorded both correctly and incorrectly in his records. However, the available documents make it clear that he did use the DOB that is listed on his supporting documents during his period of active service. Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his passport.
2. The Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. In view of the above, the applicants request should be granted.
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 (DOB) of his DD Form 214 and replacing it with the entry "1 Dec 45."
_______ _ _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) AR20130002199
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ABCMR Record of Proceedings (cont) AR20130002199
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