IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20140000337
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 20 October 1949.
2. The applicant states his year of birth is incorrect on his DD Form 214.
3. The applicant provides a copy of his State of Alabama 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 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. On 3 November 1970, the applicant was inducted into the Army of the United States (AUS). He served for 1 year, 6 months, and 6 days and attained the rank of specialist four, pay grade E-4. He was released from active duty (REFRAD) on 8 May 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 indicates his date of birth as 20 October 1950.
3. A National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement) shows that the applicant had a 5-year break from 1976 to 1981 and again from June 1982 to September 1983. The remainder of his service was with the ARNG.
4. A DA Form 873 (Certificate of Clearance and/or Security Determination) dated
5 December 2001 shows his date of birth as 20 October 1950.
5. A DD Form 1883 (Survivor Benefit Plan Election Certificate) dated
9 December 2001 shows his date of birth as 20 October 1949.
6. An NGB Form 22E (Report of Separation and Record of Service) effective
31 August 2002 shows his date of birth as 20 October 1949.
7. On 20 October 2010, the applicant was placed on the Retired List.
8. The State of Alabama Certificate of Birth, as provided by the applicant, shows his date of birth as 20 October 1949.
9. 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 year of birth as 1949.
2. The available evidence of record shows the applicant served in the AUS from 3 November 1970 to his REFRAD on 8 May 1972. His DD Form 214 shows his year of birth as 1950. However, his record does not show what date of birth was used when he was inducted or whether he used 1949 or 1950 during his period of active duty service.
3. However, after his REFRAD the applicant continued his military service in the USAR and the ARNG. During this subsequent service, his year of birth was first listed on various documents as 1950 and lastly as 1949.
4. The applicants certificate of birth shows his year of birth as 1949. In that his
military record contains both of these years at various times during his service, it would be appropriate to correct his DD Form 214 to show his year of birth as 1949.
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 from item 9 of his DD Form 214 the current entry and replacing it with the DOB as shown on his State of Alabama Certificate of Birth.
____________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) AR20140000337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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