BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018348
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 date of birth (DOB) as 7 December 1944 instead of 7 September 1944.
2. The applicant states:
* his DOB on his DD Form 214 has been wrongsince the beginning
* his DOB is 7 December 1944, not 7 September 1944
* he thinks his DOB was entered wrong from the beginning
3. The applicant provides:
* Michigan driver license
* //////////////////////department of Veterans Affairs Identfiication Card
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for corrrrrection 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 inducted into the Army of the United States on 2 June 1966 and he trained as a petroleum storage specialist.
3. The following documents in his available service personnel records show his DOB as 7 December 1944:
* DA Form 41 (Record of Emergency Data), dated 27 December 1967
* DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 10 May 1968
4. He was honorably released from active duty on 31 May 1968.
5. Item 9 (DOB) of his DD Form 214 shows his DOB as 7 September 1944.
6. He provides a copy of his Michigan driver license that shows his DOB as 7 December 1944.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was born on 7 December 1944 and his DA Forms 41 and 2962 support this contention. Based on the foregoing, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as 7 December 1944 vice 7 September 1944.
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 from item 9 of his DD Form 214 the current entry and replacing it with the DOB of 7 December 1944 as shown on his DA Form 41.
_________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) AR20130018348
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018348
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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