IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008641
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 (Report of Separation from the Armed Forces) to show his birth year as 1933 instead of 1932.
2. The applicant states:
* he is trying to avoid improper information being placed on his Department of Veterans Affairs benefit documentation
* he wants to ensure data needed at the time of his death is accurate
3. The applicant provides:
* birth certificate
* DD Form 214
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. A Standard Form 88 (Report of Medical Examination), dated 17 April 1952, shows the applicant's birth year as 1933.
3. The applicant was inducted into the Army of the United States on 11 February 1953.
4. His DD Form 47 (Record of Induction), dated 11 February 1953, shows his birth year as 1933.
5. Item 6 (Date of Birth) of the applicant's DA Form 20 (Qualification Record Enlisted Personnel) shows his birth year as 1933.
6. On 10 February 1955, the applicant was honorably released from active duty. Item 10 (Date of Birth) on his DD Form 214 shows his birth year as "32."
7. The applicant provides a copy of his birth certificate which shows he was born in 1933.
DISCUSSION AND CONCLUSIONS:
The evidence from his records and his birth certificate show his birth year as 1933. It appears his birth year was recorded in error on his DD Form 214 as 1932. Therefore, he is entitled to have his DD Form 214 corrected to show his birth year as "33."
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, item 10, to show his birth year as "33."
_______ _ 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) AR20130008641
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ABCMR Record of Proceedings (cont) AR20130008641
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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