IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130003375
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 date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, his DOB listed on his DD Form 214 should read xx September 1948 instead of xx September 1945.
3. The applicant provides his DD Form 214 and State of South Dakota Certificate of Birth.
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 was inducted into the Army of the United States on 27 May 1970. Item 5 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 1945. His record also contains a DD Form 398 (Statement of Personal History) which lists his DOB as 23 September 1948.
3. On 4 December 1971 the applicant was honorably released from active duty. Item 9 (Date of Birth) of his DD Form 214 reflects a DOB of 23 September 1945.
4. He provides a copy of his State of South Dakota Certificate of Birth dated
17 May 2004, which lists his DOB as 23 September 1948.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time identified the DA Form 20 as the primary record source for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered and performed his military service under both DOBs. However, as evidenced by the applicant's records and corroborated and confirmed by the Birth Certificate as provided by the applicant, it appears his correct DOB is 23 September 1948.
2. In view of the foregoing, it would be appropriate to amend block 9 of the applicants DD Form 214 to show his DOB as 23 September 1948.
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 amending the DD Form 214 by deleting the current entry in block 9 and adding the entry "23 September 1948."
_______ _ 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) AR20130003375
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130003375
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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