IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009286
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 this DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on
28 September 1966 to show his date of birth (DOB) as "12 August" vice
"10 August."
2. The applicant states his DOB was listed incorrectly on his DD Form 214.
3. The applicant provides a Certificate of Live Birth and his DD Form 214 for the period ending on 28 September 1966.
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 following documents listing his DOB as "12 August":
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 14 January 1962
* DD Form 214 for the period ending on 1 December 1962
* DD Form 398 (Statement of Personal History), dated 14 November 1963
3. His record contains the following documents listing his DOB as "10 August":
* DD Form 4, dated 18 November 1963
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending on 28 September 1966
4. He provided a certificate of live birth which shows his DOB as "12 August."
DISCUSSION AND CONCLUSIONS:
All of the applicant's records prior to the DD Form 4, dated 18 November 1963, show his DOB as "12 August." It is clear a clerical error occurred when his
DD Form 4 was completed on 18 November 1963 which resulted in his DOB being incorrectly listed on all subsequent records, including his DD Form 214 for the period ending on 28 September 1966. Therefore, he is entitled to correction of his DD Form 214 for the period ending on 28 September 1966 to show his DOB as "12 August."
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 for the period ending on 28 September 1966 to show his DOB as it is listed on the DD Form 214 issued on 1 December 1962.
_______ _ __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) AR20140009286
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140009286
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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