BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130018417
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
XX April 1948 instead of XX April 1946.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides a DD Form 214 and copies of his birth certificate and U.S. Passport.
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 inducted into the Army on 18 March 1968. His DD Form 47 (Record of Induction) shows his DOB as XX April 1946.
3. His military record includes a DA Form 873 (Certificate of Clearance and/or Security Determination) that shows his DOB as XX April 1948.
4. On 3 March 1969, he completed a DD Form 398 (Statement of Personal History) in which his listed his DOB as XX April 1948.
5. He was released from active duty on 21 February 1970. His DD Form 214 shows his DOB as XX April 1946.
6. He provides copies of his birth certificate and U.S. passport that show his DOB as XX April 1948.
7. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 record contains a DA Form 873 and a DD Form 398 that show his DOB as XX April 1948 as shown on his birth certificate and U.S. passport. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected to show his DOB as shown on his birth certificate.
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 correcting his DD Form 214 to show the DOB listed on his birth certificate.
_______ _ 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) AR20130018417
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ABCMR Record of Proceedings (cont) AR20130018417
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