IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004943
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 7 March 1945.
2. The applicant states the error on his DD Form 214 was discovered when he was applying for veteran's benefits.
3. The applicant provides copies of a New York Certified Transcript of Birth, his New York Driver's License, a page from his U.S. passport showing his DOB as
7 March 1945, and his DD Form 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's records contain a DD Form 398 (Statement of Personal History) dated 21 August 1968, DD Form 47 (Record of Induction) dated
22 August 1968, and DD Form 1584 (National Agency Request) dated
28 August 1968 that each show his DOB as 7 March 1945.
3. The applicant's DD Form 214 shows his DOB as 3 March 1945.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that during the preparation of his DD Form 214 an administrative error occurred resulting in the applicant's DOB being incorrectly entered. Therefore, his DD Form 214 should be corrected to show his DOB as
7 March 1945.
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 is 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 his DD Form 214 the current DOB entry and replacing it with
7 March 1945.
_____________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) AR20100016261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004943
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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