BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130005681
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
20 May 1947.
2. The applicant states his DOB is incorrectly shown on his DD Form 214.
3. The applicant provides a copy of his birth 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 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. He was inducted into the Army on 5 April 1966 and he was honorably released from active duty on 4 April 1968. Item 9 (Date of Birth) of his DD Form 214 shows his DOB as 25 May 1947.
3. All the documents in his record show his DOB as 25 May 1947 except his medical separation documents. A pen and ink change of "20" is listed in item
12 (DOB) of his Standard Form (SF) 89 (Report of Medical History) dated 4 April 1968 and his SF 88 (Report of Medical Examination) dated 4 April 1968.
4. He submits a copy of his birth certificate showing his day of birth as 20.
5. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
His DOB appears as 25 May 1947 throughout his military service; however, upon the completion of his separation physical a pen and ink change was made to show his DOB as 20 May 1947. These forms are accepted as sufficient to correct his DD Form 214 to show his DOB as it is listed on his birth certificate.
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 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 correcting his DD Form 214 to show the DOB listed on 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) AR20130005681
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ABCMR Record of Proceedings (cont) AR20130005681
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