IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010994
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 the date of birth (DOB) entered on his DD Form 214 (Report of Separation from Active Duty) for the period ending 7 March 1975.
2. He states his DD Form 214 shows his DOB as 30 October 1948, and it should show 20 October 1943.
3. He provides his DD Form 214 for the period ending 7 March 1975.
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. On 19 October 1965, the applicant's mother signed a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) consenting to his enlistment as a minor. The DD Form 373 shows his DOB as "20 Sept 48." By signing the form, his mother certified that the applicant's birth date was correct as shown. Among the blocks provided for verification of the date and place of the applicant's birth on the reverse side of the form, the block for "How Verified" shows the entry "Birth Certificate."
3. On 10 November 1965, the applicant enlisted in the Regular Army (RA). Item 15 (DOB) of the DD Form 4 (Enlistment Record - Armed Forces of the United States) completed at that time shows the entry "20 SEP 48."
4. On 20 March 1967, he signed a DD Form 398 (Statement of Personal History) certifying the information he had provided on the form was correct. Item 5 (DOB) shows he entered "20 Oct 48."
5. On 26 January 1968, he was honorably discharged to immediately reenlist. Item 9 (DOB) of the DD Form 214 completed at that time shows his DOB as "20 Sep 48."
6. On 27 January 1968, he reenlisted. Item 15 of the DD Form 4 completed at that time shows his DOB as "20 Sep 48."
7. On 26 February 1971, he signed a second DD Form 398. Item 5 shows he entered his DOB as "20 Oct 48."
8. On 26 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 9 of the DD Form 214 completed at that time shows his DOB as "20 Sep 48."
9. On 9 March 1971, he enlisted in the RA. Item 21 (DOB) of the DD Form 4 completed at that time shows the entry "30 OCT 48."
10. His record includes a DA Form 20 (Enlisted Qualification Record) signed by him on 11 March 1971 and audited on 2 October 1973. Item 6 (DOB) shows the entry "20 Oct 48."
11. Item 52 (DOB) of a DA Form 2-1 (Personnel Qualification Record - Part I) shows the entry "481020."
12. On 7 March 1975, he was honorably discharged. Item 4 (DOB) of the DD Form 214 completed at that time shows his DOB entered as "48 10 30."
13. The available records are void of documentation showing his DOB was ever recorded as 20 October 1943.
14. The available records do not include a birth certificate and he has not provided one.
DISCUSSION AND CONCLUSIONS:
The evidence shows that over the course of the applicant's military service three dates were recorded as his DOB. None of these dates is the date he states is correct, although it appears that in his application he may have misstated the year of the DOB he claims is correct. Notwithstanding that possibility, without official documentation verifying his DOB, such as a birth certificate, there is insufficient evidence to establish which of the three dates in his record is correct. As a result, there is an insufficient basis upon which to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20130010994
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ABCMR Record of Proceedings (cont) AR20130010994
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