IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130022094
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 two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his year of birth as 1938.
2. The applicant states his year of birth is incorrect on his two DD Forms 214.
3. The applicant provides copies of his:
* DD Form 214 for the period ending 30 July 1962
* DD Form 214 for the period ending 30 July 1968
* Texas driver's license, issued 31 July 2013
* certificate of baptism, dated 16 July 2003
* certificate of achievement for service in the Republic of Vietnam in 1967
* DA Form 2501 (Port Call for Unaccompanied Military Personnel), dated 15 February 1964
* Standard Form 180 (Request Pertaining to Military Records), dated 21 February 1991
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 DD Form 4 (Enlistment Record Armed Forces of the United States) shows he enlisted in the Regular Army on 11 August 1959 using a date of birth of 21 September 1938.
3. The applicant's DD Form 214 for his first term of service shows he was honorably discharged on 30 July 1962. This form shows his date of birth as 21 September 1958.
4. The applicant's DD Form 4 shows he again enlisted in the Regular Army on 31 July 1962 using a date of birth of 21 September 1938.
5. The applicant's DD Form 214 for his second term of service shows he was honorably discharged on 30 July 1968. This form shows his date of birth as 21 September 1968.
6. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in Item 3 (SSN) of the DD Form 214 and the DOB to be entered in Item 9 (DOB).
7. A review of the documents provided by the applicant shows his date of birth is consistently recorded as 21 September 1938.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Forms 214 should be corrected to show his year of birth as 1938.
2. The evidence of record shows the applicant's DOB was recorded incorrectly on both of his DD Forms 214. Therefore, these documents should be corrected to show his date of birth as recorded on his DD Forms 4.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending each of his DD Forms 214 to show his date of birth as shown on his DD Forms 4.
_____________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) AR20130022094
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130022094
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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