IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130009738
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 22 Jxxx 1943 vice 29 Jxxx 1942.
2. The applicant states when he returned from Vietnam he signed his DD Form 214 and left for home. He did not look at the dates.
3. The applicant provides his DD Form 214 and 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 22 Jxxx 1943.
3. His DD Form 47 (Induction Record) shows he was inducted into the AUS on 11 January 1966. Item 5 (DOB) lists his DOB as 29 Jxxx 1942.
4. His contemporaneous DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his DOB as 22 Jxxx 1943. He reviewed this form at a later date and placed his signature in the appropriate place.
5. His official records also contain various documents, including a Fingerprint Card and a DA Form 41 (Record of Emergency Data) that list his DOB as 22 Jxxx 1943. He authenticated some of these documents when it was appropriate by placing his signature in the appropriate place.
6. He was honorably released from active duty on 26 November 1967. Item 9 (DOB) of his DD Form 214 lists his DOB as 29 Jxxx 1942. He authenticated this form by placing his signature in the appropriate place.
7. He submitted a Department of Commerce Notification of Birth Registration, undated, that contains a name similar to his with a DOB of 22 Jxxx 1943.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant listed his DOB as 22 Jxxx 1943 upon his induction into the AUS. This DOB is consistent with at least two other documents in his service records as well as the Notification of Birth Registration he provides. It appears when his Record of Induction was created, it listed an incorrect DOB. The problem was compounded when his DD Form 214 also listed an incorrect DOB of 29 Jxxx 1942 (different day and different year). Therefore, he is entitled to correction of his DD Form 214 to show his correct DOB of 22 Jxxx 1943.
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 by deleting the existing entry in item 9 and adding the entry as it is listed on his birth certificate and DD Form 398.
_______ _ _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) AR20130009738
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ABCMR Record of Proceedings (cont) AR20130009738
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