IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140003308
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) for the period ending
30 September 1996 to show his date of birth (DOB) as 7 April 1948 instead of
4 July 1948.
2. The applicant states his DOB is incorrect on his DD Form 214 ending on
30 September 1996.
3. The applicant provides a copy of his Hospital Certificate of Birth showing he was born at 9:25 am on 7 April 1948.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 10 October 1967, the applicant was inducted into the Army of the United States (AUS). He was released from active duty (REFRAD) on
17 May 1969. His DD Form 214 indicates his date of birth as 7 April 1948.
3. On 25 February 1980, the applicant entered active duty as a member of the Army National Guard. He was released from active duty on 24 February 1982 and returned to his Army National Guard unit. His DD Form 214 for this period of service indicates his DOB as 7 April 1948.
4. On 30 September 1996, the applicant was retired under the provisions of Army Regulation 635-200 (Personnel Separations). His DD Form 214 for his last period of active duty shows his DOB as 4 July 1948.
5. 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 DOB in Item 5 of his last DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants hospital certificate of birth shows his DOB as 7 April 1948.
2. The evidence of record shows the applicant was inducted into the AUS using a DOB of 7 April 1948. He used this date of birth throughout his career. However, it appears that the month and day of his birth date were incorrectly reversed on his last DD Form 214.
3. In view of the above, the applicants request should be granted.
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 showing in Item 5 of his last DD Form 214 the same date of birth as shown on his previous DD Forms 214.
_______ _ 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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140003308
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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