IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018662
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) effective 23 December 1969 to show his date of birth as 15 October 1946.
2. The applicant states his DOB is wrong on his DD Form 214.
3. The applicant provides copies of his:
* DD Form 214
* Honorable Discharge Certificate
* Letter Orders Number 04-1168820, U.S. Army Reserve, dated 24 April 1974
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. On 20 May 1968, the applicant was inducted into the Army of the United States.
3. His record contains a DD Form 398 (Statement of Personal History), as completed by the applicant that shows his date of birth as 15 October 1946.
4. A DA Form 20 (Enlisted Qualification Record) shows the applicant's date of birth as 15 October 1946.
5. A DA Form 41 (Record of Emergency Data) shows the applicant's date of birth as 15 October 1946.
6. On 23 December 1969, the applicant was released from active duty. His DD Form 214 shows his date of birth as 25 October 1948.
7. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the Soldier's DOB would be entered in Item 9 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The record contains several documents showing the applicant's DOB he now claims to be correct. However, his DD Form 214 shows a different DOB. Therefore, it would be appropriate to correct his DD Form 214 to show the date of birth that is recorded in his military record.
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 entry 15 October 1946 as shown on his DD Form 398.
_______ _ 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) AR20130018662
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ABCMR Record of Proceedings (cont) AR20130018662
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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