BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140011809
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 social security number (SSN) as XXX-XX-XXX6
* his date of birth (DOB) as 4 November 1934
2. The applicant states these items were erroneously recorded on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Honorable Discharge 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 applicant's DD Form 47 (Record of Induction), dated 24 June 1958, shows his DOB as 4 November 1934. He was inducted into the Army of the United States on 24 June 1958.
3. His DA Form 24 (Service Record) shows his SSN as XXX-XX-XXX6.
4. On 10 June 1960, he was honorably released from active duty.
5. His DD Form 214 shows:
* his DOB as 4 March 1936 in item 6 (DOB)
* his SSN as XXX-XX-XXX7 in item 32 (Remarks)
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 24 shows his SSN as XXX-XX-XXX6. Therefore, the evidence of record is sufficient to correct his DD Form 214 accordingly.
2. He contends he was born on 4 November 1934 and his DD Form 47 supports this contention. Therefore, the evidence of record is sufficient to correct his DD Form 214 to show his DOB as 4 November 1934 instead of 4 March 1936.
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 the current entry in item 6 of his DD Form 214 and replacing it with the entry "4 NOV 34" and
b. deleting the current SSN entry in item 32 and replacing it with the SSN shown on his DA Form 24.
_________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) AR20140011809
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011809
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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