IN THE CASE OF:
BOARD DATE: 2 July 2015
DOCKET NUMBER: AR20140019569
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 in:
* Item 6 (Date of Birth (DOB)) his DOB as "XX June 1946" instead of "XX June 1942"
* Item 7d (Eye Color) his eye color as "Green" instead of "Brown"
2. The applicant states his eyes are not brown, but green. His DOB is XX June 1946 and not XX June 1942. His DD Form 214 is wrong because there is a mistake in his eye color and age. He needs benefits.
3. The applicant provides a copy of 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 applicant enlisted in the Regular Army on 12 August 1963. His records contain the following:
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 12 August 1963, which lists his DOB as "XX June 1946" and his eye color as "Hazel"
* DD Form 398 (Statement of Personal History), dated 1 March 1964, which lists his DOB as "XX June 1946" and his eye color as "Hazel"
* DA Form 41 (Record of Emergency Data), dated 6 July 1964, which lists his DOB as "XX June 1942" and does not list his eye color
* DA Form 20 (Enlisted Qualification Record), dated 20 October 1964, which lists his DOB as "XX June 1946" and does not list his eye color
3. He was discharged on 14 December 1964 and was credited with completing 1 year, 2 months, and 4 days of active service. His DD Form 214 lists in:
* Item 6 XX June 1942
* Item 7d Brown
4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation also stated:
* Item 6 would list the DOB verified in the Soldier's record
* Item 7d would list the eye color verified in the Soldier's record
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's DOB is "XX June 1946" and his eye color is "Hazel." It appears his 1964 DD Form 214 contains typographical errors. Therefore, he is entitled to correction of items 6 and 7d to list the same DOB and eye color as shown on his DD Form 398.
2. The applicant contends his eye color is green; however, the evidence of record does not support his contention nor did he provide evidence to refute the evidence of record that shows his eye color as hazel. Therefore, there is insufficient evidence to support his request to correct his DD Form 214 to show his eye color as green.
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 items 6 and 7d of his DD Form 214 and replacing it with the same DOB and eye color as shown on his DD Form 398.
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 eye color as "Green."
_______ _ _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) AR20140019569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140019569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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