BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130010743
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 12 July 1983, as follows:
* Item 5 (Date of Birth (DOB)) to show his year of birth as 1961 instead of 1960
* Item 12f (Foreign Service) to show his foreign service in Germany
2. The applicant states the DD Form 214 contains typographical errors. He did not know about the errors until a veterans service officer pointed them out.
3. The applicant provides his 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. The applicant's records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 5 December 1979. His DD Form 4 (Enlistment/Reenlistment Document) and allied documents, including his enlistment physical, listed his DOB as XX July 1961.
3. He was discharged from the DEP on 25 June 1980 and enlisted in the Regular Army on 26 June 1980. He completed basic combat and advanced individual training and he held military occupational specialty (MOS) 76P (Materiel Control and Accounting Specialist).
4. Item 5 ((Overseas Service) of his DA Form 2-1 shows no foreign service and item 35 (Record of Assignment) shows, subsequent to completion of MOS training, he was assigned to the 12th Chemical Company and then the 1st Supply and Transport Battalion, both at Fort Riley, KS.
5. He was honorably released from active duty on 12 July 1983. His DD Form 214 shows in:
* Item 5, his DOB as XX July 1960
* Item 12f, no foreign service
6. He enlisted in the USAR on 22 November 1987. He was ultimately discharged from the USAR in 1993.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Item 12f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. When the applicant enlisted in the DEP and subsequently in the Regular Army, he listed his DOB as XX July 1961. It appears when his DD Form 214 was processed it inadvertently recorded an erroneous DOB. Therefore, the applicant is entitled to correction of his DD Form 214 to show his year of birth as 1961 vice 1960.
2. Nothing in the applicant's records shows he served overseas. There are no permanent change of station orders, temporary duty orders, temporary change of station orders, deployment orders, travel voucher settlements, or any other documentary evidence to support his presence overseas. Therefore, there is insufficient evidence to grant him foreign service credit on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ __X______ __X______ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the existing DOB from item 5 of his DD Form 214 and adding the DOB shown on his enlistment contract.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to foreign service.
_______ _ 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) AR20130010743
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ABCMR Record of Proceedings (cont) AR20130010743
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