BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140012634
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:
a. his date of rank (DOR) as 6 March 1971 and
b. his date of birth (DOB) as 15 April 1951.
2. The applicant states the year in the DOR is incorrect.
3. The applicant provides a copy of 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 enlisted in the Army National Guard on 6 November 1970 for 6 years. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his DOB as 15 April 1951.
3. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was appointed to private two/E-2 on 6 March 1971.
4. He was ordered to active duty for training on 13 April 1971 and he was released from active duty on 17 August 1971.
5. His DD Form 214 shows in:
* Item 6 (DOR) 6 March 1951
* Item 9 (DOB) 15 April 1971
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention the DOR shown on his DD Form 214 is incorrect appears to have merit. His DA Form 2-1 shows he was appointed to pay grade E-2 on 6 March 1971 and is accepted as sufficient evidence on which to base amending item 6 of his DD Form 214.
2. The entry on his DD Form 4 which shows his DOB as 15 April 1951 is accepted as sufficient evidence on which to amend item 9 of his DD Form 214.
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 entry in item 6 of his DD Form 214 and replacing it with the entry "6 March 1971" and
b. deleting the entry in item 9 of his DD Form 214 and replacing it with the entry "15 April 1951."
__________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) AR20140012634
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ABCMR Record of Proceedings (cont) AR20140012634
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