IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130013436
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, correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 16 May 1958 and 17 May 1955, to show 8 June 1926 as his date of birth (DOB).
2. The applicant states, in effect, he believes a typographical error occurred during the preparation of his DD Forms 214.
3. The applicant provides:
* United States of America Certificate of Naturalization
* United States of America Passport
* DD Form 214, dated 16 May 1958
* DD Form 214, dated 17 May 1955
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 11 August 1953.
4. On 9 September 1954, while on active duty in the Army, the applicant was issued a Certificate of Naturalization. The certificate shows his DOB as 8 June 1926.
5. On 17 May 1955, the applicant was honorably discharged for the purpose of immediate enlistment in the Regular Army (RA). Item 10 "Date of Birth" on his DD Form 214 shows 12 June 1926 as his DOB.
6. The applicant enlisted in the RA on 18 May 1955. He was honorably released from active duty on 16 May 1958 and he was transferred to the U.S. Army Reserve Hawaii Military District. Item 6 "Date of Birth" on his DD Form 214 shows 12 June 1926 as his DOB.
7. The applicant provides a copy of his passport issued on 30 July 2012 showing 8 June 1926 as his DOB.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Although the applicants military records are not available for review, he provides a copy of his Certificate of Naturalization, issued to him on 9 September 1954, while he was on active duty, showing 8 June 1926 as his DOB. It is reasonable to presume that had his records been available a copy of his Certificate of Naturalization would have been contained therein.
3. The DOB shown on the applicant's passport is the same DOB shown on his Certificate of Naturalization. Both of his DD Forms 214 should be amended to show 8 June 1926 as his DOB.
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 amending his DD Forms 214 dated 16 March 1958 and 17 May 1955 to show his DOB as 8 June 1926.
_____________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) AR20130013436
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ABCMR Record of Proceedings (cont) AR20130013436
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