IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140007006
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 record to show his date of birth (DOB) as 29 rather than 12 December 1948.
2. The applicant states his DOB is incorrectly shown on various forms in his record to include his DD Form 4 (Enlistment Contract - Armed Forces of the United States) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). When he originally enlisted, his birthday was entered in error and all subsequent paperwork carried the wrong date. The only form that he has seen the correct date on is his DA Form 2 (Personnel Qualification Record - Part I).
3. The applicant provides:
* DD Form 4
* DD Form 214
* DA Form 2
* 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. The applicant underwent a pre-induction medical examination on 23 March 1972. The Standard Form 88 (Report of Medical Examination) rendered at the time shows his DOB as 29 December 1948.
3. His record contains a DD Form 369 (Police Record Check), dated 25 April 1972, which shows his DOB as 29 December 1948.
4. He enlisted in the U.S. Army Reserve (USAR) on 25 May 1972. Item 21 (DOB) of the DD Form 4 rendered at the time shows his DOB as 12 December 1948.
5. He was ordered to active duty for training for the period of 9 August through 8 December 1972. Item 9 (DOB) of the DD Form 214 rendered upon his release from active duty shows his DOB as 12 December 1948.
6. He continued to serve in the USAR until he was honorably discharged on 24 May 1978.
7. A thorough review of the applicant's record revealed that the remaining documents all show his DOB as 29 December 1948. The only documents that show his DOB as 12 December 1948 are his aforementioned DD Form 4 and DD Form 214.
8. The applicant provides his Ohio Department of Health, Division of Vital Statistics, Certificate of live Birth that shows his DOB as 29 December 1948.
9. Army Regulation 635-5 (Personnel Separations), in effect at the time establishes standardized procedures for preparation and distribution of the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation required the preparer to enter the separating Soldier's DOB in item 9.
DISCUSSION AND CONCLUSIONS:
Evidence clearly shows administrative errors resulted in the incorrect DOB being entered on his DD Form 4 and DD Form 214. Therefore, he is entitled to correction of his record to correctly show his DOB as 29 December 1948.
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 his DOB as it appears 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) AR20140007006
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ABCMR Record of Proceedings (cont) AR20140007006
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