IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019912
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 as
25 April 1948.
2. The applicant states his date of birth is incorrect on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Certificate of Birth
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 records show that he enlisted in the Regular Army on
28 February 1966.
3. His DA Form 20 indicates he was born on 25 April 1948, which agrees with the birth certificate provided by the applicant.
4. The applicant's Standard Form 88 (Report of Medical Examination), dated
15 May 1967, shows his date of birth as 25 April 1948.
5. The applicant's DD Form 4 and his DD Form 214 both indicate his date of birth as 29 April 1948.
6. 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 25 April 1948.
2. The evidence of record shows that the applicant's date of birth is
25 April 1948 but was incorrectly entered on some of his records, including his DD Form 214.
3. Based on the above, it would be appropriate to correct his DD Form 214 to show his date of birth 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 showing in Item 9 of his DD Form 214 the same date of birth as is 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) AR20130019912
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019912
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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