BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130008439
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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her year of birth as 1942 instead of 1946.
2. She states she did not pay attention to the year of birth on her DD Form 214.
3. She provides her DD Form 214 and Texas Driver's License.
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 enlisted in the Regular Army on 7 March 1966. She served
3 years on active duty and was honorably discharged on 6 March 1969.
3. Item 9 (Date of Birth) of her DD Form 214 shows her year of birth as 1946.
4. Numerous documents contained in her record list her year of birth as 1942. These documents include:
* DD Form 398 (Statement of Personal History), dated 10 March 1966
* Standard Form 93 (Report of Medical History)
* DA Form 3027 (U.S. Army Request for National Agency Check)
5. Her Enlistment Record and DA Form 20 (Enlisted Qualification Record) are the only documents in her record with a pen and ink correction entry that list her year of birth as 1942 or 1946 (the correction is not clear).
6. She provided her Texas Driver's License that lists her year of birth as 1942.
7. 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:
It appears that 1942 was used as the applicant's year of birth throughout her military service with the exception of a pen and ink correction on her DA Form 20 and Enlistment Record. Her Statement of Personal History and Texas Driver's License confirm her year of birth is 1942. Therefore, she is entitled to correction of her DD Form 214 to show her correct year of birth.
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 her DD Form 214 to show her year of birth as 1942 as it appears on her Texas Driver's License.
_______ _ 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) AR20130008439
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ABCMR Record of Proceedings (cont) AR20130008439
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