IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020177
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) in item 9 (Date of Birth) as 14 August 1947
* date of induction in item 10c (Date Inducted) as 3 September 1969
2. The applicant states these dates are incorrectly shown on his DD Form 214. He is trying to obtain benefits from the Department of Veterans Affairs (VA).
3. The applicant provides:
* Certificate of Live Birth
* Birth Registration Card
* DD Form 214
* email correspondence from a Veterans Healthcare Administration Legal Administration Specialist
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's record contains:
a. a DD Form 47 (Record of Induction) which shows he was inducted into the Army of the United States (AUS) on 3 September 1969. This form also shows his DOB as 14 August 1947.
b. a U.S. Army Recruiting Command Form 180-R (Acknowledgment of Service Obligation (6-Year Acknowledgment)) which shows he was inducted into the AUS on 3 September 1969.
c. a DA Form 41 (Record of Emergency Data) which shows his DOB as 14 August 1947 and his date of induction as 3 September 1969.
3. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Stand-By) on 20 May 1970. The DD Form 214 issued to him at the time shows the following pertinent data in:
a. item 9, the entry "3 Sep 69," indicating that his DOB was 3 September 1969.
b. item 10c, the entry "NA," indicating that his date of induction was not available.
c. item 17c (Current Active Service Other Than by Induction), the entry "NA," indicating that his date of entry was not available.
d. item 22a (Creditable for Basic Pay Purposes - Net Service this Period), the entry "0 8 18," indicating that he completed 8 months and 18 days of active duty service during the period covered by this DD Form 214.
5. Army Regulation 635-5 (Personnel Separations), in effect at the time establishes standardized procedures for preparation and distribution of the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation required the preparer to enter the separating Soldier's DOB in item 9 and their date of induction (if inducted) in item 10c.
DISCUSSION AND CONCLUSIONS:
Evidence clearly shows administrative errors resulted in the incorrect DOB being entered on his DD Form 214 and his date of induction being omitted from the form. Therefore, he is entitled to correction of his DD Form 214 to correctly show his DOB as 14 August 1947 and his date of induction as 3 September 1969.
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 his DOB as 14 August 1947 and his date of induction as 3 September 1969.
____________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) AR20130020177
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ABCMR Record of Proceedings (cont) AR20130020177
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