IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014765
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 date of birth (DOB) as 13 August 19xx instead of 12 April 19xx.
2. The applicant states his DOB is listed incorrectly on his DD Form 214.
3. The applicant provides his driver license.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 13 August 19xx.
3. The applicant was inducted into the AUS on 29 January 1969. Item 5 (DOB Day - Month - Year) of his DD Form 47 (Record of Induction) listed his DOB as 12 April 19xx.
4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his DOB as 13 August 19xx.
5. His records contain various documents listing his DOB as 13 August 19xx, including:
* Armed Forces Fingerprint Card
* DA Form 41 (Record of Emergency Data)
* DD Form 1484 (National Agency Check Request)
6. He was honorably released from active duty on 9 November 1970 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation. Item 9 (DOB) of this DD Form 214 shows his DOB as 12 April 19xx.
7. He provides a driver license that shows his name and the DOB as 13 August 19xx.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant listed his DOB as 13 August 19xx upon his induction into the AUS. However, it appears his induction record incorrectly listed his DOB as 12 April 19xx. The requested DOB (13 August 19xx) is consistent with the DOB on several official military records throughout his military service. Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is listed on his driver license.
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 his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his DD Form 398 and driver license.
_______ _ _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) AR20140014765
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ABCMR Record of Proceedings (cont) AR20140014765
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