IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019740
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 the entry entered in block 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the DOB on his DD Form 214 is incorrect and it should read
29 October 1946 vice 29 October 1947.
3. He provides his birth certificate and DD Form 214.
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 5 October 1967, the applicant was inducted into the Army of the United States. Block 5 (DOB) of the DD Form 47 (Record of Induction) completed at that time shows his DOB as 29 October 1946.
3. Review of his records shows his year of birth was consistently recorded as 1946.
4. On 10 July 1969, he was honorably released from active duty. Block 9 of his DD Form 214 shows his DOB as 29 October 1947.
5. He provides a birth certificate showing he was born on 29 October 1946.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows an error in the DOB entered on the applicant's DD Form 214. It would be appropriate to correct this document to show his DOB as 29 October 1946.
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 entry from block 9 of his DD Form 214 and replacing it with the DOB as shown 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) AR20130019740
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019740
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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