IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020576
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 date of birth (DOB) recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DOB is 19 July 1948, but item 9 (DOB) of his DD Form 214 shows his DOB as 11 July 1948.
3. He provides his DD Form 214 and birth certificate.
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 Official Military Personnel File contains an unsigned and undated DD Form 398 (Statement of Personal History) showing his DOB entered as 19 July 1948.
3. On 26 March 1968, he was inducted into the Army of the United States. Item 5 (DOB) of the DD Form 47 (Record of Induction) completed at that time shows the entry "11 Jul 1948." (The year is ambiguous as an "8" was typed over the "7" or vice versa.) The record does not show the source document for this entry.
4. A DA Form 41 (Record of Emergency Data), signed by the applicant on 31 May 1968, shows his DOB as 11 July 1948. A DA Form 20 (Enlisted Qualification Record), signed by the applicant on 1 April 1968 and audited on 26 August 1969, shows his DOB as 11 July 1947.
5. On 23 January 1970, he was honorably released from active duty. Item 9 of his DD Form 214 shows his DOB as 11 July 1948.
6. He provides a birth certificate showing he was born on 19 July 1948.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 398 in the applicant's record shows that the applicant provided the DOB shown on his birth certificate at some point during his military service. There is no evidence indicating why the DOB shown on his birth certificate was not recorded on other official records.
2. The available evidence indicates an error was made in recording the applicant's DOB when he was inducted and that this error persisted throughout his military service. It would be appropriate to correct this error by replacing the entry in item 9 of his DD Form 214 with the DOB recorded 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 deleting the current entry from block 9 of his DD Form 214 and replacing it with the DOB 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) AR20130020576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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