IN THE CASE OF: BOYD, WILSON W. JR.
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005991
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 (Report of Separation from Active Duty) to show his date of birth as 20 February 1952.
2. The applicant states he only recently noticed that his date of birth is incorrect on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Certificate of Live 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. A review of the applicant's Official Military Personnel File (OMPF) shows it contains a Standard Form 88 (Report of Medical Examination) dated 9 February 1972 that indicates the applicant's date of birth as 20 February 1952. Without exception, all remaining documents in his OMPF show his date of birth as
21 February 1952. This includes his DD Form 214 ending on 19 April 1974.
3. The Certificate of Birth, as provided by the applicant, shows his date of birth as 20 February 1952.
4. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's date of birth in Item 4 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 20 February 1952.
2. The available evidence of record shows the applicant's date of birth as
20 February and as 21 February 1952.
3. The applicants certificate of birth shows his date of birth as 20 February 1952. In that his military record contains two different days of the month for his birthday, it would be appropriate to correct his DD Form 214 to show his date of birth as indicated on his certificate of birth.
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 showing on his DD Form 214 his date of birth as indicated on his 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) AR20140005991
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005991
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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