IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004653
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 that his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth (DOB) as 14 March instead of 11 March.
2. The applicant states he provided his birth certificate at the time of his enlistment but for some unknown reason it was incorrectly entered as 11 March instead of 14 March.
3. The applicant provides copies of his birth certificate, his application for Social Security, and DD Forms 214.
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 on 18 June 1970. At the time of his induction he indicated his DOB was 14 March; however, his records were prepared to reflect a DOB of 11 March.
3. He was honorably released from active duty (REFRAD) on 23 March 1972. His DD Form 214 issued at the time of his REFRAD shows his DOB as
11 March.
4. The applicant enlisted in the Regular Army on 13 November 1974 and again indicated his DOB was 14 March and again his records were prepared to reflect a DOB of 11 March.
5. He was honorably discharged on 13 December 1977. His DD Form 214 issued at the time of his REFRAD shows his DOB as 11 March.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Forms 214 reflect an incorrect DOB has been noted and found to have merit.
2. At the time of his induction and subsequent enlistment, he indicated that his DOB was 14 March; however, his records and DD Forms 214 were prepared to reflect a DOB of 11 March.
3. Accordingly, his DD Forms 214 should be corrected to reflect a DOB of 14 March instead of 11 March as currently reflected.
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 amending both of his DD Forms 214 to show his DOB is 14 March instead of
11 March.
___________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) AR20140004653
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ABCMR Record of Proceedings (cont) AR20140004653
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