BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130002426
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 the date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from 5 May xxx2 to 23 February xxx3.
2. He states he needs his DOB corrected for identification purposes.
3. He provides:
* printout of a Social Security Administration (SSA) data screen
* correspondence from the Department of Veterans Affairs
* 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. On 30 December 1971, the applicant enlisted in the Regular Army. Item 21 (DOB) of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time shows his DOB as 23 February xxx3.
3. The following documents in his record show his DOB as 23 February xxx3:
* DD Form 1584 (National Agency Check Request), dated 4 January 1972
* Standard Form 88 (Report of Medical Examination), dated 31 May 1973
4. The following documents in his record show his DOB as 5 March xxx2:
* DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 1 September and 8 December 1972
* DA Form 2627-2 (Record of Appellate or Other Supplementary Actions Under Article 15, UCMJ), dated 17 January 1973
5. A DA Form 2627-1, dated 20 February 1973, shows his DOB as 2 March xxx2.
6. A DA Form 2627-1, dated 4 April 1973, shows his DOB as 23 February xxx2.
7. The following documents in his record show his DOB as 5 May xxx2:
* DA Form 428 (Application for Identification Card), dated 14 November 1972
* DA Form 20 (Enlisted Qualification Record), audited on 7 August 1972
8. On 22 June 1973, he was discharged. His DD Form 214 shows his DOB as 5 May xx2.
9. He provides a printout of an SSA data screen showing his DOB as 23 February xxx3. The printout shows proof of age was "alleged."
DISCUSSION AND CONCLUSIONS:
1. When the applicant enlisted, his DOB was recorded as 23 February xxx3, which is the DOB he claims is correct. Four other dates were also recorded as his DOB during his period of military service. The source of the other dates is not shown in the available records.
2. The DOB recorded when he enlisted is also the DOB recorded in his SSA account. Although he has not provided a birth certificate verifying his DOB, in light of the available evidence, it appears that the DOB recorded when he enlisted is the accurate DOB. Therefore, it would be appropriate to correct his DD Form 214 to show the DOB recorded on his DD Form 4.
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 replacing the DOB shown in item 9 (DOB) of his DD Form 214 with the DOB shown in item 21 of his DD Form 4.
_______ _ 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) AR20130002426
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ABCMR Record of Proceedings (cont) AR20130002426
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