BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140010124
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, the widow of a deceased former service member (FSM), requests correction of her deceased spouse's DD Form (Certificate of Release or Discharge from Active Duty) ending 6 August 1962 to show his date of birth (DOB) as 19 July 1935, instead of 19 July 1945.
2. The applicant states the DOB shown on the FSM's DD Form 214 ending
6 August 1962 is incorrect.
3. The applicant provides copies of the FSM's DD Form 214 ending 6 August 1962, their marriage license showing his DOB as 19 July 1935, and his death certificate.
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 FSM's records contain a DD Form 398 (Statement of Personal History), dated 19 June 1958, and a DD Form 214 ending 22 April 1960 that both show his DOB as 19 July 1935.
3. The FSM's DD Form 214 ending 2 August 1962 shows his DOB as
19 July 1945.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that during the preparation of his DD Form 214 ending 6 August 1962 an administrative error occurred resulting in the FSM's DOB being incorrectly entered. Therefore, his DD Form 214 ending 6 August 1962 should be corrected to show his DOB as 19 July 1935.
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 deleting from his DD Form 214 ending 6 August 1962 the current DOB entry and replacing it with 19 July 1935.
_________ 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004943
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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