IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130005915
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 26 May 1953 instead of 26 May 1951.
2. The applicant states his DOB is incorrect and needs to be corrected.
3. The applicant provides:
* his DD Form 214
* a Standard Form (SF) 88 (Report of Medical Examination)
* his State of Indiana 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's was inducted into the Army of the United States on 8 June 1971.
3. The applicant's record contains the following documents that show his DOB as 26 May 1953:
* DD Form 47 (Record of Induction), dated 9 June 1971
* DD Form 1584 (National Agency Check Request), dated 15 June 1971
* DA Form 20 (Enlisted Qualification Record)
4. On 29 January 1972, the applicant was discharged from active duty with an under other than honorable conditions discharge. On 17 September 1980, the Army Discharge Review Board upgraded his discharge. He was issued a new DD Form 214 reflecting his upgraded discharge. Item 9 (Date of Birth) of this DD Form 214 shows his DOB as 26 May 1951.
5. The applicant provides a State of Indiana Certificate of Birth that shows his DOB as 26 May 1953.
6. He provides an SF Form 88, dated 8 June 1971, which shows his DOB as
26 May 1953.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 shows his DOB as 26 May 1951. However, his DD Form 47, DD Form 1584, DA Form 20, SF 88, and State of Indiana Birth Certificate show his DOB as 26 May 1953. Therefore, his DD Form 214 should be corrected to reflect his correct DOB as 26 May 1953.
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
deleting from item 5 of his DD Form 214 the entry 26 May 1951 and replacing it with 26 May 1953.
_______ _ _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) AR20130005915
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ABCMR Record of Proceedings (cont) AR20130005915
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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