IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130013399
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct date of birth (DOB) as 13 November 1943.
2. The applicant states that his DD Form 214 incorrectly reflects a DOB of 10 July 1943 and should reflect a DOB of 13 November 1943.
3. The applicant provides a copy of his DD Form 214, NGB Form 22 (Report of Separation and Record of Service in the National Guard) and drivers license.
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 enlisted in the New Mexico Army National Guard (NMARNG) on 19 January 1961 with parental consent and at the time of his enlistment his DOB was listed as 13 November 1943.
3. On 25 March 1961, the applicant was ordered to active duty training (ACDUTRA) and on 24 September 1961 he was honorably released from ACDUTRA and was returned to his NMARNG unit. His DD Form 214 issued at the time he was released from ACDUTRA shows his DOB as 10 July 1943.
4. On 18 January 1964, he was honorably discharged from the NMARNG due to the expiration of his term of service. His NGB Form 22 issued at the time of his discharge shows his DOB as 13 November 1943.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicants official records show his DOB was listed as
13 November 1953 at the time he enlisted and he served his entire period of service using that DOB.
2. However, it appears that a typographical error occurred at the time his
DD Form 214 was prepared as it reflects his DOB as 10 July 1943.
3. Accordingly, his DD Form 214 should be corrected at this time to show his DOB as 13 November 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 correcting his DD Form 214 dated 24 September 1961 to show his DOB as 13 November 1943.
_______ _ 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) AR20130013399
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ABCMR Record of Proceedings (cont) AR20130013399
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