BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003977
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 military records to show his date of birth (DOB) as 9 June 1926 instead of 19 June 1926.
2. The applicant states:
* his DOB is 9 June 1926
* the wrong DOB is on his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 31 August 1955
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. Having prior service in the U.S. Navy, the applicant enlisted in the Regular Army on 30 October 1946 for 3 years. On 20 October 1949, he was honorably discharged for immediate reenlistment. Item 10 (DOB) of his WD AGO Form 53 (Enlisted Record and Report of Separation) shows his DOB as 19 June 1926.
3. He reenlisted on 21 October 1949 for 6 years. On 31 August 1955, he was honorably discharged. Item 10 (DOB) of his DD Form 214 for the period ending 31 August 1955 shows his DOB as 19 June 1926.
4. He again enlisted in the Regular Army on 28 September 1955 for 6 years. On 27 September 1961, he was honorably discharged. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1961 shows his DOB as 9 June 1926.
5. He reenlisted on 28 September 1961 for 4 years. His DD Form 4 (Enlistment Record Armed Forces of the United States), dated 28 September 1961, shows his DOB as 9 June 1926. On 31 March 1964, he retired. His DD Form 214 for the period ending 31 March 1964 shows his DOB as 9 June 1926.
6. He was recalled to active duty on 1 August 1966. His DD Form 398 (Statement of Personal History), dated 26 September 1966, shows his DOB as
9 June 1926. On 31 July 1969, he was released from active duty. His DD Form 214 for the period ending 31 July 1969 shows his DOB as 9 June 1926.
7. He provides a copy of his birth certificate that shows his DOB as 9 June 1926.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was born on 9 June 1926 and his DD Form 398 (dated 26 September 1966), DD Form 4 (dated 28 September 1961), and
DD Forms 214 for the periods ending 27 September 1961, 31 March 1964, and 31 July 1969 support this contention. Based on the foregoing, it would be appropriate to correct his WD AGO Form 53 and DD Form 214 for the period ending 31 August 1955 to show his DOB as 9 June 1926 instead of 19 June 1926.
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 items 10 of his WD AGO Form 53 and DD Form 214 for the period ending 31 August 1955 the current entries and replacing them with the DOB of
9 June 1926 as shown on his DD Form 214 for the period ending 27 September 1961.
__________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) AR20140003977
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ABCMR Record of Proceedings (cont) AR20140003977
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