IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008812
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 17 January 1944 instead of 12 January 1944.
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and Certificate of Birth Registration.
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 was inducted into the Army of the United States on 28 November 1962. His record contains a DD Form 47 (Record of Induction) which lists his DOB as 17 January 1944.
3. His record contains a Standard Form 88 (Report of Medical Examination) and several other forms which list his DOB as he requests.
4. On 19 November 1964, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued shows his DOB as 12 January 1944.
5. The applicant provides a copy of his Certificate of Birth Registration which lists his DOB as 17 January 1944.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's record contains several forms consistent with the DOB he requests. Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his DD Form 47.
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 deleting the current entry from item 6 (DOB) of his DD Form 214 and replacing it with the entry as shown on his DD Form 47.
___________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) AR20140008812
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ABCMR Record of Proceedings (cont) AR20140008812
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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