IN THE CASE OF:	  

		BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140008974 


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 correct name and date of birth (DOB).

2.  The applicant states the first letter in his first name should be a "G" instead of a "J" and his birth month should reflect May instead of March.

3.  The applicant provides the following evidence in support of his application:

* Birth Certificate
* Floyd County Veterans Letter, dated 14 May 2014
* Honorable Discharge 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 record contains the DD Form 47 (Record of Induction) prepared during his induction processing.  It includes the following entries in the items indicated:

* Item 1 (Last Name-First Name- Middle Name) – lists his first name as "Gxxxxx"
* item 5 (Date of Birth) – lists the entry "Mar" with a penciled correction changing the letter "r" to a "y"

3.  On 20 January 1965, the applicant was inducted into the Army of the United States.  He was trained in and awarded military occupational specialty 71B (Clerk Typist).

4.  The DA Form 20 (Enlisted Qualification Record) prepared upon the applicant's entry on active duty lists his first name as "Gxxxxx."  It also lists his DOB as "16 May 43."

5.  A Standard Form 89 (Report of Medical History), dated 28 November 1966, documents the applicant's medical history for the purpose of separation from the Army.  It lists the name and DOB that the applicant claims is correct.

6.  On 4 January 1967, the applicant was released from active duty after completing 1 year, 11 months, and 15 days of creditable active military service.  His DD Form 214 lists the entry "Jxxxxx" in item 1 (LAST NAME-FIRST NAME-MIDDLE NAME) and the entry "16 Mar 43" in item 6 (DATE OF BIRTH).

7.  The applicant submits a copy of his birth certificate which shows the name and DOB he states is correct.

8.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214.  It states that both Item 1 and Item 6 will contain the name and DOB taken from the Soldier’s personnel record, respectively.


DISCUSSION AND CONCLUSIONS:

The applicant contends his DD Form 214 should be altered to show his correct name and DOB.  The evidence of record shows that at the time of the applicant's entrance on active duty his name and DOB was listed as he claims.  Although his DD Form 47 initially listed his DOB incorrectly, a penciled correction is included on this document to show his correct DOB.  Subsequent documents prepared both upon his entry on active duty and near the time of his REFRAD, as evidenced on his DA Form 20 and on a Standard Form 89, also list the name and DOB that he claims is correct.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his name and DOB as shown on his Certificate of Birth.

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 in:
   
   a.  item 1 by deleting the current entry and replacing his first name as it is listed on his certificate of birth; and
   
   b.  item 6 by deleting the current entry and replacing it with the DOB as it is listed 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)                                         AR20140008974



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ABCMR Record of Proceedings (cont)                                         AR20140008974



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