BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003477
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, in effect, that his birth month be shown as "August" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his birth month is incorrectly listed as "February" on his DD Form 214.
3. He provides his certificate of birth issued by the North Carolina State Board of Health.
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 24 February 1969 and discharged on 7 November 1969 for immediate enlistment. The
DD Form 214 for this period shows his birth month as "February." He enlisted on 8 November 1969 and was honorably released from active duty on 12 May 1972.
3. A thorough review of his available military personnel record shows his birth month consistently appears as "August," as shown on the following documents:
* DD Form 398 (Statement of Personal History)
* DD Form 47 (Record of Induction)
* DD Form 369 (Police Record Check)
4. Item 9 (Date of Birth) of his DD Form 214 for the period ending 12 May 1972 shows his date of birth with the month of "February."
5. He provides his birth certificate which lists his birth month as "August."
DISCUSSION AND CONCLUSIONS:
The applicant's service documents consistently show "August" as his birth month and he has provided a birth certificate which supports this date. It appears the incorrect date of birth listed on both of his DD Forms 214 was a result of a typographical error and/or administrative oversight. Therefore, it would be appropriate to correct both DD Forms 214 to show his date of birth using the month of "August" instead of "February."
BOARD VOTE:
___X__ ___X_____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Forms 214 for the periods ending 7 November 1969 and
12 May 1972 to show the date of birth as listed in his birth certificate.
_______ _ 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) AR20130003477
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ABCMR Record of Proceedings (cont) AR20130003477
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