IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006366
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 the Armed Forces of the United States) to reflect his birth date as 18 February 1929 instead of 12 August 1952.
2. The applicant states his discharge erroneously indicates he was born on 12 August 1952 and he needs his records corrected to enable his entry into a State veterans' home.
3. The applicant provides:
* birth certificate
* 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 military 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 his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using the aforementioned documents submitted by the applicant.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 12 August 1952. He was honorably released from active duty on 11 August 1954. His date of birth is shown as 12 August 1952.
4. The applicant provided a copy of his birth certificate, initially filed on 28 April 1929, which shows his birth date as 18 February 1929.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 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 duty. 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 contention that his DD Form 214 should be corrected to show his birth date as 18 February 1929 was carefully considered.
2. The applicant's date of birth appears as 12 August 1952 on the DD Form 214 issued at the time of his separation; however, 12 August 1952 is the same date he was inducted into the Army. His birth certificate clearly shows his birth date as 18 February 1929. It is reasonable to conclude that a typographical error was made when preparing his DD Form 214.
3. Therefore, the applicant's birth certificate is accepted as sufficient evidence with which to base correction of his DD Form 214 to show his date of birth as 18 February 1929.
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 amending his DD Form 214 to show his birth date as 18 February 1929 as shown on his birth certificate.
___________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) AR20140006366
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ABCMR Record of Proceedings (cont) AR20140006366
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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