BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140009294 


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 "16 November 1940" vice "16 November 1960."

2.  The applicant states his DOB was incorrectly listed on his DD Form 214.

3.  The applicant provides his 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 a DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 23 April 1956, which shows his mother consented to his enlistment in the Army.  This form listed his DOB as 12 April 1939 and stated that his DOB was verified by his birth certificate.  The recruiter and his mother signed this document indicating the information contained therein was correct.

3.  His record contains a DD Form 4 (Enlistment Record-Armed Forces of the United Stated), dated 22 May 1956, showing he enlisted in the Ohio Army National Guard (OHARNG) on 22 May 1956.  This form listed his DOB as 
12 April 1939.  He signed this document indicating the information contained therein was correct.

4.  His record contains a DA Form 20 (Enlisted Qualification Record) listing his DOB as 12 April 1939.

5.  His record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) showing he was honorably discharged from the OHARNG on 21 May 1959.  His DOB was listed as 12 April 1939.

6.  His record contains a DD Form 47 (Record of Induction), dated 13 October 1959 showing he was inducted into the Army of the United States and entered active duty on 21 October 1959.  This form listed his DOB as 16 November 1940.

7.  His record contains a DA Form 20 which shows his DOB listed as 
16 November 1940.

8.  His DD Form 214 shows he was honorably released from active duty on 
29 January 1962 and listed his DOB as 16 November 1960.  He signed this document indicating the information contained therein was correct.

9.  His record did not contain and he did not provide a copy of his birth certificate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that when he enlisted in the OHARNG on 
21 May 1959, he required parental consent.  His mother consented to his enlistment and appears to have provided a copy of his birth certificate at the time of his enlistment.  The consent form she signed stated his birth certificate was used to verify his DOB and his DOB was 12 April 1939.  Furthermore, both his recruiter and his mother signed the consent form indicating the information listed on the form to include his DOB was correct.

2.  All of the documents in his record during the period of his service in the OHARNG, between 22 May 1956 and prior to his induction on 21 October 1959 listed his DOB as 12 April 1939.  Additionally, he affixed his signature to some of these documents indicating that 12 April 1939 was his correct DOB.

3.  However, his DD Form 47, dated 13 October 1959 and all subsequent documents, excepting his DD Form 214, show his DOB as 16 November 1940, and he signed many of those documents indicating his DOB was correct.

4.  The DOB listed on his DD Form 214 as 16 November 1960, is obviously incorrect, as he would have been a little over 1 year of age at the time of his discharge.  Nevertheless, without a copy of his birth certificate, it is impossible to discern whether his correct DOB is 12 April 1939 or 16 November 1940.

5.  Based on the foregoing, there is insufficient evidence to grant the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  __x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _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)                                         AR20140009294



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ABCMR Record of Proceedings (cont)                                         AR20140009294



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