IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130002953
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 7 September 1947 instead of 7 September 1957
* blood type as "A negative" instead of "A"
2. He states his DOB is 7 September 1957 and his blood type is "A negative."
3. He provides:
* his DD Form 214
* his State of Kansas Standard Certificate of Live Birth
* a Bonfils Blood Center Donor Identification Card
* a medical doctor's note, dated 29 January 2013
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 DD Form 398 (Statement of Personal History), prepared on 2 September 1966, shows his DOB as 7 September 1947. He was inducted into the Army of the United States on 14 November 1966.
3. The applicant's record contains the following documents that show his DOB as 7 September 1947:
* DD Form 47 (Record of Induction), dated 15 November 1966
* DA Form 41 (Record of Emergency Data), dated 15 November 1966
* DA Form 20 (Enlisted Qualification Record)
4. His record also contains a Standard Form 601 (Immunization Record) that shows on 11 November 1966, he was identified with blood type (group) as "A" and Rh factor as "+" (positive).
5. On 9 October 1968, the applicant was honorably released from active duty at the expiration of his term of service. Item 9 (Date of Birth) of his DD Form 214 shows his DOB as 7 September 1957. Item 30 (Remarks) shows the entry "BLOOD GROUP: A."
6. The applicant provides his State of Kansas Standard Certificate of Live Birth that shows his DOB as 7 September 1947.
7. He provides a Bonfils Blood Center Donor Identification Card and a note from a medical doctor, dated 29 January 2013, that shows his blood type as "A negative."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes the standardized policy for the preparation of the DD Form 214. The version in effect at the time stated for item 30, enter the blood group from the Standard Form 601 Immunization Record). Example: "Blood Group 'O'."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows his DOB as 7 September 1957. However, his DD Form 47, DA Form 41, DA Form 20, and State of Kansas Standard Certificate of Live Birth show his DOB as 7 September 1947. Therefore, his DD Form 214 should be corrected to reflect his correct DOB as
7 September 1947.
2. The Blood Donor Identification Card and the note from a medical doctor submitted by the applicant were carefully considered. However, in accordance with Army Regulation 635-5, it stated to enter blood type (group) on the DD Form 214. As such, his DD Form 214 correctly shows his blood group as "A"; it did not call for including the Rh factor. Therefore, there is no basis for granting the applicant's request on this issue.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 entry 7 September 1957 and replacing it with 7 September 1947.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains changing his blood type (group) on his
DD Form 214.
_______ _ 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) AR20130002953
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ABCMR Record of Proceedings (cont) AR20130002953
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