BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140008202
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his month of birth (MOB) as July rather than June.
2. The applicant states his MOB is incorrectly shown on his DD Form 214 and he did not notice the error at the time of his separation.
3. The applicant provides:
* 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. The applicant underwent a pre-enlistment medical examination on 9 April 1970. The Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) rendered at the time show his MOB as July.
3. He enlisted in the Regular Army (RA) on 1 September 1970. Item 21 (DOB) of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) rendered at the time shows his MOB as July.
4. He continued to serve in the RA until he was honorably released from active duty (REFRAD) on 3 September 1973. Item 9 of the DD Form 214 issued to him at the time of his REFRAD shows his MOB as June.
5. A thorough review of the applicant's record revealed that the only document that shows his MOB as June is his DD Form 214.
6. The applicant provides his State of Ohio, Division of Vital Statistics, Certificate of live Birth that shows his MOB as July.
7. 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 MOB being entered on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to correctly show his MOB as July.
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 amending his DD Form 214 to show 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) AR20140008202
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ABCMR Record of Proceedings (cont) AR20140008202
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