IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013418
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his year of birth as 1953.
2. The applicant states that his DD Form 214 incorrectly reflects his year of birth as 1955.
3. The applicant provides a copy of his Certificate of Live Birth and 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 enlisted in the Regular Army on 1 May 1973 and his DD Form 4 (Enlistment Contract-Armed Forces of the United States) lists his year of birth as 1953. He completed his training as an eye, ear, nose and throat specialist and he remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 1 April 1989.
3. On 31 May 1993, he was honorably retired by reason of length of service. He had served 20 years, 2 months, and 10 days of active service and the DD Form 214 he was issued at the time of his retirement shows his year of birth as 1955.
4. 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 he served his entire period of service using 1953 as his year of birth.
2. However, it appears that a typographical error occurred at the time his
DD Form 214 was prepared as it reflects his year of birth as 1955.
3. Accordingly, his DD Form 214 should be corrected his year of birth as 1953.
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 showing the applicants year of birth is 1953 instead of 1955 as currently reflected in item 5 of his DD Form 214 for the period ending 31 May 1993.
_______ _ _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) AR20130013418
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ABCMR Record of Proceedings (cont) AR20130013418
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