IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140005100
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 service records to show his correct date of birth (DOB).
2. The applicant states his DOB is 24 July 1932, not 24 June 1932. He adds the incorrect DOB recorded on his discharge document was due to a clerical error.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and Certificate of Birth.
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 military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, his DD Form 214 offers sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the California Army National Guard (CAARNG) on 18 February 1950 and that he was ordered to active duty on 1 September 1950. He was honorably released from active duty (REFRAD) on 13 July 1952 prior to expiration term of service and transferred to the CAARNG. He had completed 1 year, 10 months, and 13 days of net active service this period; 6 months and 13 days of other service; and 2 years,
4 months and 26 days of total service for pay purposes. It also shows in
* item 10 (DOB): "24 JUN 32"
* item 11 (Place of Birth): Orange, California
4. In support of his application the applicant provides a copy of a California State Board of Health, Bureau of Vital Statistics, Standard Certificate of Birth, that shows the applicant was born at 4:03 AM on "July 24th, 1932" at Orange County Hospital, Orange County, California. It also shows, on "July 25th, 1932," the attending physician certified that he was present at the applicant's birth.
5. Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. The instructions for completing the DD Form 214 state that the form is completed from the Service Record, Soldier's Qualification Card, and orders.
DISCUSSION AND CONCLUSIONS:
1. The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records. However, at the time he was REFRAD, his DOB was recorded on his DD Form 214 as
24 June 1932.
2. The applicant provided evidence showing his DOB is 24 July 1932. Thus, it appears his DOB may have been incorrectly recorded on his DD Form 214 due to a typographical error. Therefore, based on the available evidence, it would be appropriate at this time to correct the applicant's records, as recommended below.
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 item 10 of his DD Form 214 the current entry and replacing it with the entry as shown on his Standard Certificate of Birth.
_______ _ _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) AR20140005100
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ABCMR Record of Proceedings (cont) AR20140005100
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