IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019121
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, the spouse of a deceased former service member (FSM), request's correction of her spouse's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 13 October 1930 instead of 13 October 1950.
2. She applicant states the FSM was born on 13 October 1930.
3. She provides the FSM's Certificate of Death and his DD Form 214.
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 FSM's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. This case is being considered using his DD Form 214.
3. The FSM was inducted into the Army of the United States on 10 January 1952. He was honorably released from active duty on 9 October 1953 and credited with completing 1 year and 9 months of net service for pay purposes during this period.
4. Item 10 (DOB) of his DD Form 214 shows his DOB as 13 October 1950.
5. His Certificate of Death shows his DOB as 13 October 1930.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
The FSM's military records are not available for review; however, his DD Form 214 shows he was inducted into the Army on 10 January 1952. Therefore, it is obvious an administrative error occurred during the preparation of his DD Form 214 resulting in his DOB being listed as 13 October 1950 instead of 13 October 1930. Therefore, it would be appropriate to correct his DD Form 214 as requested.
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 DOB as 13 October 1930, as it appears on his Certificate of Death.
_______ _ 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) AR20140019121
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ABCMR Record of Proceedings (cont) AR20140019121
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