IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140009107
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) ending 22 June 1966 to show his date of birth (DOB) as 5 January 1942.
2. The applicant states the DOB on this DD Form 214 is incorrect. A previous DD Form 214 shows his corrected DOB. He needs the correction to prevent confusion over military and/or veteran benefits.
3. The applicant provides copies of a:
* State of Utah Certificate of Live Birth showing the DOB of 5 January 1942
* DD Form 214 ending 22 June 1963 showing the DOB of 5 January 1942
* DD Form 214 ending 22 June 1966 showing the DOB of 4 January 1942
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. A DD Form 4 (Enlistment Records - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 23 June 1960. His DOB is listed as 5 January 1942.
3. He provides a DD Form 214 showing he was honorably discharged effective 22 June 1963. The DOB is shown as 5 January 1942. This DD Form 214 also incorrectly shows in item 19c (Date of Entry) 23 June 1963. The correct date of entry should be 23 June 1960.
4. A DD Form 4 shows he reenlisted on 23 June 1963. He listed his DOB as
5 January 1942.
5, A DD Form 214 shows he was honorably discharged effective 22 June 1966. The DOB is shown as 4 January 1942.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that during the preparation of his DD Form 214 ending 22 June 1966 an administrative error occurred resulting in the applicant's DOB being incorrectly entered. Therefore, this DD Form 214 should be corrected to show his DOB as 5 January 1942.
2. His DD Form 214 ending 22 June 1963 incorrectly shows he entered active duty in that period on 23 June 1963. The evidence shows he entered active duty on 23 June 1960. This DD Form 214 should also be corrected.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. deleting from his DD Form 214 ending 22 June 1963 the entry in item
19c and replacing it with 23 June 1960; and
b. deleting the DOB shown on his DD Form 214 ending 22 June 1966 and replacing it with 5 January 1942.
____________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) AR20100016261
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ABCMR Record of Proceedings (cont) AR20140009107
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