IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002729
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 Army Good Conduct Medal (AGCM) and to show his date of birth (DOB) as 24 May 1944 instead of
25 May 1944.
2. The applicant states his birth certificate shows his correct DOB.
3. The applicant provides a DD Form 214, orders for the AGCM, a copy of his birth certificate, and a translation to 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. The applicant was inducted into the Army of the United States on 22 August 1967.
3. His military records include a U.S. Department of Justice Immigration and Naturalization Service Certification of Military or Naval Service, dated 23 January 1969, and a Report of Medical Examination, dated 12 June 1969, that show his DOB as 24 May 1944.
4. General Orders Number 22, dated 18 June 1969, issued by U.S. Ireland Army Hospital, Fort Knox, KY, awarded him the AGCM (First Award) for service during the period 22 August 1967 to 19 June 1969.
5. He was honorably released from active duty on 19 June 1969. His DD Form 214 shows his DOB as 25 May 1944. The DD Form 214 does not show the AGCM as an authorized award.
6. He provides a copy of his birth certificate and a translation to the birth certificate that show his DOB as 24 May 1944.
7. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military records include a U.S. Department of Justice Immigration and Naturalization Service Certification of Military or Naval Service and a Report of Medical Examination that show his DOB as 24 May 1944 as shown on his birth certificate. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed. Therefore, his DD Form 214 should be corrected to show his DOB as shown on the U.S. Department of Justice Immigration and Naturalization Service Certification of Military or Naval Service.
2. General orders awarded him the AGCM (First Award) for service during the period 22 August 1967 to 19 June 1969. Therefore, his DD Form 214 should be corrected to show this award.
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 correcting his DD Form 214 by showing his DOB as 24 May 1944 and by adding the Army Good Conduct Medal (First Award).
___________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) AR20140002719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002729
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