IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140019024
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 year of birth (YOB) as 1939 instead of 1959.
2. The applicant states, in effect, he believes his DD Form 214 contains a typographical error.
3. The applicant provides:
* DD Form 214
* Arkansas Driver's License
* Concealed Handgun Carry License
* Illinois Firearm Owner Identification Card
* Federal Communications Commission General Radiotelephone Operator License
* Department of Transportation - Federal Aviation Administration Temporary Airman 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. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 30 April 1959. His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) which lists his YOB as 1939.
3. His record contains a DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450) and several other forms which list his YOB as he requests.
4. On 17 November 1959, he was discharged under honorable conditions. The DD Form 214 he was issued shows his YOB as 1939.
5. On 31 July 1964, the Army Discharge Review Board reviewed the facts pertaining to his discharge and determined he was entitled to an honorable discharge. The DD Form 214 he was issued and requests to correct lists his YOB as 1959.
6. The applicant provides several forms of identification which list his YOB as 1939.
7. Army Regulation 635-5 (Separation Documents), then in effect, established 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 evidence of record shows the applicant's record contains several forms consistent with the YOB he requests. Therefore, his DD Form 214 should be corrected to show his YOB as it is listed on his DD Form 4.
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 current entry from item 6 (Date of Birth) of his DD Form 214 and replacing it with the date of birth entry as shown on his DD Form 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) AR20140019024
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ABCMR Record of Proceedings (cont) AR20140019024
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