IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014035
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 reflect his date of birth (DOB) as 27 June 1946.
2. The applicant states the error was pointed out to him during an application session with a Department of Veterans Affairs representative.
3. The applicant provides his DD Form 214 and his birth 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 enlisted in the Regular Army on 21 August 1967. His DD Form 4 (Enlistment Record Armed Forces of the United States) lists his DOB as 27 June 1947.
3. His records contain the following documents which list his DOB as 27 June 1946:
* Headquarters, The Student Brigade, U.S. Army Infantry School, Special Orders Number 25, dated 29 January 1968
* DD Form 398 (Statement of Personal History)
* Standard Form 88 (Report of Medical Examination)
4. On 17 July 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 9 (Date of Birth) of his DD Form 214 shows his DOB as 27 June 1947.
5. The applicant provided a copy of his birth certificate which shows his DOB as 27 June 1946.
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 preparation of the DD Form 214. It 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 contention that his DD Form 214 should be corrected to show his DOB as 27 June 1946 was carefully considered and found to have merit.
2. His records contain several documents reflecting his DOB as 27 June 1946. Therefore, his DD Form 214 should be corrected to show his DOB as it is recorded on his DD Form 398 and birth certificate.
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 the current DOB entry from his DD Form 214 and replacing it with the DOB shown on his birth certificate.
_____________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) AR20140014035
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ABCMR Record of Proceedings (cont) AR20140014035
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