IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140011985
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 the date of birth listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was born in 1946.
3. The applicant provides copies of his birth registry showing he was born in 1946 and 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 was inducted on 16 November 1965 and served on active duty for exactly two years. His service included 11 months and 23 days in Vietnam.
3. The applicant's typed DD Form 398 (Statement of Personal History) that he signed on 29 October 1965 shows he corrected the date of birth entry to 1946.
4. On 15 November 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 9 (Date of Birth) on his DD Form 214 lists the year of his birth as 1945.
DISCUSSION AND CONCLUSIONS:
The applicant listed the year of his birth as 1946 on the DD Form 398 he completed when he was inducted. The DD Form 214 should be changed.
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 changing item 9 on his DD Form 214 to show the year of birth listed on the birth registration.
___________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) AR20140011985
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011985
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