BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130013133
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 1 December 1946.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214 and State of Maine Certified Abstract of a Certificate of Live 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. The applicant's records contain a DD Form 47 (Record of Induction), dated
13 November 1968, and a Standard Form 88 (Report of Medical Examination), dated 13 November 1968, that show his DOB as 1 December 1946.
3. The applicant's DD Form 214 shows his DOB as 5 December 1946.
4. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important that the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance for preparation of the DD Form 214 and states that all available records will be used as a basis for preparation of the DD Form 214. The instructions for the DOB entry in effect at the time stated "self-explanatory."
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant's DOB was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his DOB as 1 December 1946.
BOARD VOTE:
__X___ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to show his DOB as 1 December 1946.
___________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) AR20100016261
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