IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014960
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 his date of birth (DOB) be changed to 16 April 1935 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 April 1960.
2. The applicant states his DOB on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* Texas driver's license
* 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. On 30 April 1958, he was inducted into the Army of the United States. His
DD Form 47 (Record of Induction) shows his DOB as 16 May 1935.
3. The following documents in his service records show his DOB as 16 April 1935:
* Standard Form (SF) 88 (Report of Medical Examination), dated 20 May 1957, pre-induction examination
* SF 88, dated 30 April 1958, induction examination
* SF 89 (Report of Medical History), dated 30 April 1958, induction examination
* DD Form 93 (Record of Emergency Data), dated 27 October 1959
* SF 88, dated 4 February 1960, separation physical
* SF 89, dated 4 February 1960, separation physical
4. On 22 April 1969, he was released from active duty. Item 6 (DOB) of his
DD Form 214 shows his DOB as 16 May 1935.
5. His Texas driver's license, issued on 10 May 2012, shows his DOB as
16 April 1935.
6. His birth certificate shows his DOB as 16 April 1935.
DISCUSSION AND CONCLUSIONS:
Although his DD Form 47 shows his DOB as 16 May 1935, numerous documents in his military records show his DOB as 16 April 1935. There is sufficient evidence to show he served using the DOB 16 April 1935. Therefore, his DD Form 214 should be corrected to show his DOB as 16 April 1935.
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 deleting the entry in item 6 and entering 16 April 1935 on his DD Form 214 with an effective date of 22 April 1960.
____________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) AR20140014960
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014960
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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