IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140006477
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 show his date of birth (DOB) as
22 May 1930.
2. He states his DOB is incorrectly listed on his DD Form 214.
3. He provides a certified copy of his birth certificate, DD Form 214, and Florida Driver's License.
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. His 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, a partially reconstructed record and supporting evidence provide by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army on 12 April 1951 and his induction document shows his DOB as 22 May 1930.
4. He was released from active duty on 25 April 1953 upon the expiration of his term of service. His DD Form 214 shows in item 10 (Date of Birth) - 22 March 1930.
5. He submits a copy of his birth certificate showing his DOB as 22 May 1930.
DISCUSSION AND CONCLUSIONS:
It appears his DOB was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his DOB as 22 May 1930.
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 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 correcting his DD Form 214 to show the DOB listed 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) AR20140006477
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006477
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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