IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002306
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 the month of his birth as December vice November.
2. The applicant states, in effect, item 9 (Date of Birth) of his DD Form 214 incorrectly lists his birth month as November.
3. The applicant 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. He was inducted into the Army on 16 November 1971 and his DOB is shown as 26 November 1951 in item 5 (Date of Birth) of his DD Form 47 (Record of Induction). He was honorably released from active duty on 24 August 1973. His DD Form 214 shows his DOB as 26 November 1951.
3. A review of his military personnel records shows that his DOB is listed as
26 December 1951 on the following documents:
* DA Form 20 (Enlisted Qualification Record) as a pen and ink correction
* DA Form 2627 (Record of Proceedings under Article 15, UCMJ)
* DA Form 348 (Equipment Operator's Qualification Record)
4. He submits a copy of his birth certificate showing his DOB as 26 December 1951.
5. Army Regulation 635-5 (Separation Documents) at the time stated 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.
DISCUSSION AND CONCLUSIONS:
His month of birth is recorded as both November and December throughout his military service; however, the pen and ink change made to his DA Form 20 indicates that an administrative error occurred during his induction processing which was later corrected. This form is accepted as sufficient to correct his DD Form 214 to show his DOB as it is listed 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 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 correcting his DD Form 214 to show the DOB listed 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) AR20140002306
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002306
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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