BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016846
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 month of birth as December instead of August.
2. He states his month of birth is incorrect on his DD Form 214.
3. He provides 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 Army National Guard (ARNG) on 22 September 1959. He was ordered to active duty on 28 August 1960. He served 6 months on active duty and was honorably released to his ARNG unit on 27 February 1961.
3. There are numerous documents contained in his record that show both August and December were used as his month of birth throughout his military service. However, documents listing his month of birth as December include:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 44 (Record of Military Status), dated 29 May 1965
* Standard Form 88 (Report of Medical Examination), dated 31 August 1960
4. Item 6 (Date of Birth) of his DD Form 214 shows his month of birth as August.
5. He provided his State of Oklahoma Birth Certificate that lists his month of birth as December.
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears there was some confusion in correctly recording the applicant's month of birth throughout his military service. However, his Enlisted Qualification Record, Record of Military Status, Report of Medical Examination, and his certificate of birth confirm his month of birth as December. Therefore, he is entitled to correction of his DD Form 214 to show his correct date of 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 his DD Form 214 to show his month of birth as December as it appears 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) AR20140016846
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ABCMR Record of Proceedings (cont) AR20140016846
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