IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005216
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) to show his date of birth (DOB) as 4 September 1949 instead of 29 April 1949.
2. The applicant states the incorrect DOB was entered on his DD Form 214 as a result of a typographical error. He contends that he was inducted on 29 April 1969.
3. The applicant provides a DD Form 214 and 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. On 25 April 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his DOB as 4 September 1949.
3. He was inducted into the Army of the United States on 29 April 1969. His
DD Form 47 (Record of Induction) shows his DOB as 4 September1949. On
6 May 1969, he enlisted in the Regular Army for a period of 3 years.
4. He was released from active duty on 4 January 1972. Item 9 (DOB) of his DD Form 214 shows his DOB as 29 April 1949.
5. He provides a copy of his birth certificate which shows his DOB as shown on his DD Form 4.
6. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 398 and DD Form 47 show his DOB as 4 September 1949, as shown on his birth certificate. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected by deleting from item 9 of his DD Form 214 the current entry and replacing it with the DOB entry as shown on his DD Form 47.and birth certificate.
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 his DD Form 214 the current DOB entry and replacing it with the DOB as shown on his DD Form 47.
_____________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) AR20140005216
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ABCMR Record of Proceedings (cont) AR20140005216
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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