IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011576
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) and his DD Form 4 (Enlistment Contract - Armed Forces of the United States to show his date of birth as
7 October 1945.
2. The applicant states his date of birth was entered incorrectly on these two documents.
3. The applicant provides copies of his:
* DD Form 214
* DD Form 4
* DA Form 20 (Enlisted Qualification Record) pages 1,3, and 4
* Certificate of Live Birth
* State of Florida Identification Card
* Social Security Card
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 Regular Army on 16 August 1968. His DA Form 20 indicates in was born on 7 October 1945, which agrees with the birth certificate and state identification card provided by the applicant.
3. The applicant's DD Form 4 and his DD Form 214 both indicate his date of birth as 7 October 1968, which is approximately 2 months after his date of enlistment.
4. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's date of birth in Item 9 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 4 and his DD Form 214 should be corrected to show his date of birth as 7 October 1945.
2. The evidence of record clearly shows that the applicant's date of birth was recorded in his personnel records as 7 October 1945. It is obvious that the date indicated on his DD Form 4 and DD Form 214 is an error which should be corrected.
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:
a. showing in Item 9 of his DD Form 214 a date of birth of 7 October 1945; and
b. issuing an appropriate document correcting the applicant's DD Form 4 to show his date of birth as 7 October 1945.
_______ _ 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) AR20130011576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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