BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020463
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 date of birth (DOB) in item 10 (DOB) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* the DOB shown on his DD Form 214 is wrong
* his DOB is 20 October 1932, not 20 October 1952
3. The applicant provides:
* birth certificate
* Pennsylvania driver's license
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 12 February 1953. He was honorably released from active duty on
13 December 1954.
4. Item 10 of his DD Form 214 shows the entry "20 OCT 52" (20 October 1952).
5. He provides his birth certificate and Pennsylvania driver's license that shows his DOB as 20 October 1932.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's contention the DOB shown on his DD Form 214 is incorrect and should read 20 October 1932.
2. His DD Form 214 shows his DOB as 20 October 1952 and that he was inducted on 12 February 1953. If item 10 was correct, he would have been almost 4 months old when he was inducted. Since any reasonable doubt should be resolved in his favor, the applicant's birth certificate that shows he was born on 20 October 1932 is accepted as sufficient evidence on which to base amending item 10 of his DD Form 214 to show his DOB as 20 October 1932.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ _X___ 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 10 of his DD Form 214the current entry 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) AR20130020463
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ABCMR Record of Proceedings (cont) AR20130020463
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