IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130014065
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 Form 214 (Report of Separation from Active Duty) by showing his correct date of birth.
2. The applicant states his date of birth is incorrect on this document. He contends that it should read as 23 June 1955.
3. The applicant provides copies of:
* DD Form 214
* Birth Certificate issued 10 May 2013
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 DD Form 4 (Enlistment Contract - Armed Forces of the United States shows his date of birth as 23 June 1955. He entered active duty on
21 January 1974.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows "550623" in item 6 (Date of Birth) indicating he was born on 23 June 1955.
4. The applicant's DA Form 2 (Personnel Qualification Record - Part 1), dated
6 August 1975, shows in block number 52 (Date of Birth): "550623."
5. On 20 August 1975, the applicant was discharged. His DA Form 214 for this period of service shows his date of birth as 26 June 1955.
6. The applicant has provided a copy of his birth certificate indicating he was born on 23 June 1955.
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's date of birth in Item 9 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 23 June 1955.
2. The birth certificate provided by the applicant shows his date of birth as
23 June 1955.
3. The evidence of record clearly shows that the applicant used a date of birth of
23 June 1955 when he enlisted. Furthermore, the records show he used this same date of birth throughout his period of active duty service. However, it was recorded as 26 June 1955 on his DD Form 214 at the time of his discharge.
4. In view of the above, it would be appropriate to correct the applicant's
DD Form 214 to show his date of birth as indicated on his birth certificate and in his military records.
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 on his DD Form 214 his date of birth as 23 June 1955.
_______ _ _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) AR20130014065
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ABCMR Record of Proceedings (cont) AR20130014065
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