IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140009081
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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show his date of birth as 26 March.
2. The applicant states his birth certificate shows his date of birth as 26 March.
3. The applicant provides copies of his birth certificate, driver's license, and 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 was inducted on 14 November 1968 and served on active duty until 5 November 1970 when he was honorably released from active duty Item 9 (Date of Birth) of his DD Form 214 shows his date of birth as 27 March 1947.
3. On the DD Form 398 (Statement of Personal History) that he completed when he was inducted he listed his date of birth as 26 March 1947. Except for the DD Form 214, the only date of birth used in any of his official documents is
26 March 1947.
DISCUSSION AND CONCLUSIONS:
The date of birth shown on his DD Form 214 is wrong and should be corrected.
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 from item 9 of his DD Form 214 the current entry and replacing it with the date of birth as shown 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) AR20140009081
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ABCMR Record of Proceedings (cont) AR20140009081
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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