BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140001317
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 18 February 1957 and to reflect that his spouse is the beneficiary of his Life Insurance or any other benefits that he has obtained.
2. The applicant states his DOB is incorrectly shown on his DD Form 214.
3. The applicant provides a copy of his birth certificate and marriage 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. He enlisted in the Army National Guard (ARNG) on 20 January 1977. He entered active duty for training (ADT) on 13 March 1977 and was released from ADT on 18 June 1977. Item 4 (Date of Birth) of his DD Form 214 shows his DOB as 2 February 1957.
3. A review of his personnel records found that his DOB is shown as
18 February 1957 on his DA Form 2-1 (Personnel Qualification Record) and his Standard Form 601 (Immunization Record).
4. He submits a copy of his birth certificate showing his date of birth as
18 February 1957 and his marriage certificate which shows his date of marriage as 12 September 1981.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, 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. There is no provision to list a Soldier's marital status or the beneficiary for his life insurance on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His DOB appears as 18 February 1957 on his Immunization Record and Personnel Qualification Record. These forms are accepted as sufficient to correct his DD Form 214 to show his DOB as it is listed on his birth certificate.
2. In regard to correcting his record to show he was married and to list his spouse as his beneficiary, there was no requirement at the time to list a Soldier's marital status on the DD Form 214. Any request to update the beneficiary of his life insurance must be done with the issuer of such policy. This portion of his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ ___X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show this date of birth as stated on his birth certificate.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the correction of his DD Form 214 to show he was married at the time of his release from active duty training and that his spouse was the beneficiary of his life insurance.
_______ _ 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) AR20140001317
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ABCMR Record of Proceedings (cont) AR20140001317
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