IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007677
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) ending on 31 August 1992 to show his year of birth as "1950" vice "1949."
2. The applicant states, in effect, his DD Form 214 erroneously lists his DOB as XX March 1949.
3. The applicant provides 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. The applicant's records show he was inducted into the Army of the United States on 11 May 1970. His DD Form 47 (Record of Induction) listed his date of birth (DOB) as XX March 1950.
3. He was honorably released from active duty on 5 January 1972. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service listed his DOB as XX March 1950.
4. He enlisted in the Regular Army (RA) on 22 April 1974. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as XX March 1950.
5. He reenlisted on 4 August 1978, 8 September 1981, and 24 November 1986. However, each of his reenlistment contracts listed his DOB as XX March 1949.
6. He initiated or completed various forms during his period of military service, including the documents below. In each case, he indicated his DOB was
XX March 1949:
* Personnel Qualification Record
* Application for Identification Card
* Various medical records
* Data for Retired Pay
7. His record also contains a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his DOB as XX March 1950.
8. He retired on 31 August 1992 and he was placed on the Retired List in his retired rank/grade of staff sergeant/E-6. Item 5 (DOB) on his DD Form 214 shows his DOB as XX March 1949.
9. He submitted a birth certificate, dated 23 December 1953, that shows his DOB listed as XX March 1949.
10. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. Upon his induction into the Army of the United States in 1970 and upon his first enlistment in the Regular Army in 1974, the applicant's year of birth was listed as "1950." The DD Form 214 he was issued for his first period of service listed his year of birth as "1950."
2. However, upon his reenlistment in 1978 and throughout the rest of his military service, the applicant listed his DOB as XX March 1949.
3. It appears when his DD Form 214 was processed it inadvertently listed his DOB as XX March 1949 vice XX March 1950 because most of his military documents between 1978 and 1992 listed his year of birth as 1949. However, his DD Form 214 should be corrected to show his DOB as XX March 1950.
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 his DD Form 214 for the period ending 31 August 1992 by deleting from item 5 the current entry and adding his DOB as it is shown 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) AR20130007677
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ABCMR Record of Proceedings (cont) AR20130007677
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