IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140012091
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), dated 13 July 1970, to show his date of birth (DOB) as "X June 1949" instead of "X June 1948."
2. The applicant states a typographical error was made during the preparation of his DD Form 214.
3. The applicant provides copies of his DD Form 214 and his Certificate of Live Birth.
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 enlisted in the Regular Army (RA) on 30 September 1968. His DD Form 4 (Enlistment Contract Armed Forces of the United States) lists his DOB as "XX June 1949." His records show the date was manually altered on his DD Form 4 to show his DOB as "X June 1948."
3. Item 6 (Date of Birth) on the applicant's DA Form 20 (Enlisted Qualification Record) shows his DOB was initially written as "XX June 1949" and at some point the date manually adjusted to show his DOB as "X June 1948."
4. The applicant was honorably discharged on 13 July 1970. Item 9 (Date of Birth) on his DD Form 214 lists his DOB as "X June 1948." He reenlisted in the RA on 14 July 1970 and he was honorably discharged on 13 July 1977. Item 4 (Date of Birth) on the DD Form 214 he received for this period of service also shows "X June 1948" as his DOB.
5. The applicant provided a copy of his Certificate of Live Birth, filed on 15 June 1949, which shows his DOB as "X June 1949."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. Although his DD Form 4 shows both "XX June 1949" and "X June 1948" as his DOB and his DA Form 20 shows a DOB of "X June 1948," he provided a copy of his Certificate of Live Birth showing "X June 1949" as his DOB. The Certificate of Live Birth was filed on 15 June 1949.
3. Therefore, based on the discrepancies in the applicant's record it would be appropriate to amend his both of his DD Forms 214 to show his DOB as recorded on his Certificate of Live Birth.
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 Item 9 on his DD Form 214 dated 13 July 1970 and Item 4 on his DD Form 214 dated 13 July 1977 to show his DOB as recorded on his Certificate of Live Birth.
__________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) AR20140012091
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ABCMR Record of Proceedings (cont) AR20140012091
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