IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130013845
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 month of birth as June instead of July.
2. The applicant states his month of birth is incorrectly listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Certificate of Birth
* State of Michigan Driver 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 was appointed a second lieutenant in the U.S. Army Reserve on 10 June 1967 and he was ordered to active duty on 11 July 1967.
3. His DA Form 61 (Application for Appointment), DA Form 2545 (Cryptographic Access Authorization, Briefing Certificates), and DA Form 66 (Officer Qualification Record) all list his month of birth as June.
4. On 1 July 1971, he was honorably relieved from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows his month of birth as July.
5. The applicant provides a copy of his Birth Certificate and State of Michigan Driver License which list his month of birth as June.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's month of birth was recorded incorrectly on his DD Form 214. However, the available documents make it clear that he did use the month of birth that is listed on his birth certificate during his period of active service. Therefore, his DD Form 214 should be corrected to show his month of birth as it is listed on his birth certificate.
2. In view of the foregoing, the applicant's request should be granted.
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 deleting the current month entry from item 9 (Date of Birth) of his DD Form 214 and replacing it with the entry "JUN."
_______ _ 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) AR20130013845
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ABCMR Record of Proceedings (cont) AR20130013845
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