BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140001865
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB).
2. The applicant states his DOB is X July 1948, not XX July 1948.
3. The applicant provides a copy of his 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. Two DD Forms 4 (Enlistment Contract Armed Forces of the United States) show the applicant enlisted in the U.S. Army Reserve on 5 March 1969 and that he then further enlisted in the Regular Army on 27 June 1969. Item 21 (DOB) of both forms show his DOB as "XX July 1948."
3. The applicant's DA Form 20 (Enlisted Qualification Record), reviewed by him on 2 July 1969, shows in item 6 (DOB) the entry "X Jul 48."
4. A DD Form 1584 (National Agency Check Request), dated 2 July 1969, shows in item 5 (Month, Day, Year of Birth) the entry "July X, 1948."
5. The applicant's DD Form 214 shows he was honorably released from active duty on 11 January 1972. It also shows in item 9 (DOB) the entry "XX JUL 48."
6. In support of his application, the applicant provides a copy of a State of Missouri, Department of Health and Senior Services, Birth Certificate, filed on
20 July 1948, that shows he was born on "July X, 1948."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's DOB is X July 1948 and that his DOB was initially incorrectly recorded in his military service records, but it was later corrected. Thus, it appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct DOB.
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 entry 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) AR20140001865
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ABCMR Record of Proceedings (cont) AR20140001865
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