IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002413
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 military record to show his correct date of birth (DOB).
2. The applicant states his military record incorrectly lists his DOB.
3. The applicant provides copies of the following:
* Certificate of Birth
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Honorable Discharge Certificate
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 applicants 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 applicants 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This applicant's WD AGO Form 53-55 is the primary document used in this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 22 July 1965. He continued to serve until he was honorably discharged on 21 July 1967. Item 9 (DOB) of his DD Form 214 shows the entry "22 Jan 67."
4. The certificate of birth provided by the applicant, issued on 21 May 1947, shows his DOB as 22 March 1944.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show his correct DOB as 22 March 1944, which is the date that is reflected on his certificate of birth.
2. The applicant's DD Form 214 lists his DOB as 22 Jan 1967, which is after the date he was inducted on 22 July 1965 and 6 months prior to his date of discharge on 21 July 1967. Therefore, it is clear an administrative error occurred during the processing his DD Form 214. As a result, it would be appropriate at this time to correct his 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 from item 9 of his DD Form 214 the current entry 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) AR20130002413
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ABCMR Record of Proceedings (cont) AR20130002413
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