IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140019596
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 records to show his date of birth (DOB) as 19 XXXXXXXX 1942 instead of 12 XXXXXXXX 1942 [sic, 1943].
2. The applicant states, in effect, his records incorrectly show his DOB and he would like them corrected.
3. The applicant provides a photocopy which includes his driver's license, U.S. Uniformed Services Identification Card, and birth certificate. He also provides a letter from the Defense Finance and Accounting Service, dated 14 October 2014, addressed to the applicant.
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 was inducted into the Army of the United States on 1 October 1964. After completing initial training, he was awarded military occupational specialty 13A (Field Artillery Basic). The highest rank/grade held during his initial period of service was specialist four/E-4.
3. He was released from active duty on 15 September 1966. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 15 days of net active creditable service. His DOB is shown as 12 XXXXXXXX 1943.
4. After service in the U.S. Army Reserve, he enlisted in the South Carolina Army National Guard (SCARNG). He retired on 19 February 2002 in the rank/grade of first sergeant/E-8.
5. While his available record contains documents, including his DD Form 214, which show his DOB as 12 XXXXXXXX 1943, it also includes a DD Form 2656 (Data for Payment of Retired Personnel) on which his DOB is shown as 19 XXXXXXXX 1942.
6. The applicant provides a photocopy page which includes the following documents:
* driver's license listing his DOB as 19 XXXXXXXX 1942
* U.S. Uniformed Services Identification Card showing his DOB as 19 XXXXXXXX 1942
* birth certificate stating his DOB is 19 XXXXXXXX 1942
DISCUSSION AND CONCLUSIONS:
1. While his available record contains documents, to include his DD Form 214, which list his DOB as 12 XXXXXXXX 1943, the document used for receiving retired pay has his DOB shown as 19 XXXXXXXX 1942.
2. The ABCMR normally limits corrective action to documents that can be individually reviewed after a Soldier's separation, such as the DD Form 214. Other documents contained in the available record are not normally accessible by individuals other than the Soldier. As such, only the DD Form 214 should be corrected to show his DOB as 19 XXXXXXXX 1942. The other documents in his record which show his DOB as 12 XXXXXXXX 1943 should not be revised.
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 for the period ending 15 September 1966 to show his DOB as 19 XXXXXXXX 1942.
_______ _ _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) AR20140019596
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ABCMR Record of Proceedings (cont) AR20140019596
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