BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140018270
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) for the period ending
11 November 1970 to show his date of birth (DOB) is 13 January 1950 vice
13 June 1950 and to show his pay grade as E-4 vice E-1.
2. He states he has been trying to correct his DD Form 214 for a number of years to no avail. He needs his DD Form 214 corrected in case he decides to buy a house and for his disability rating.
3. He provides his a copy of his Certificate of Birth Registration and his Armed Forces identification card.
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 4 December 1969, the applicant enlisted in the Regular Army (RA). Item 21 (DOB) of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time shows the entry "13 Jan 50."
3. The applicant's record shows he had two company grade and one field grade nonjudicial punishments (NJP's). His punishments included reductions in grade. There is no evidence in his record showing he was advanced to pay grade E-4,
4. On 11 November 1970, he was discharged and received an under honorable conditions discharge due to unsuitability.
5. The applicant's DD Form 214 shows in:
* item 9 (DOB), "13 Jun 50"
* item 5b (Pay Grade), "E-2"
6. He provides a Certificate of Birth Registration showing his DOB is 13 January 1950.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates an error was made in recording the applicant's DOB on his DD Form 214 for the period ending 11 November 1970. It would be appropriate to correct this error by replacing the entry in item 9 of his
DD Form 214 for the period ending 11 November 1970 with the DOB recorded on his Certificate of Birth Registration.
2. The applicant had three NJP's and the punishments imposed included reduction in grade. There is nothing in his record showing he was advanced to E-4 subsequent to being reduced in grade. Therefore, there is no basis for correcting the pay grade entered on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ ___X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from block 9 of his DD Form 214 for the period ending 11 November 1970 and replacing it with the DOB shown on his Certificate of Birth Registration.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his pay grade as E-4.
_______ _ 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) AR20140005268
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ABCMR Record of Proceedings (cont) AR20140018270
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