BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019901
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 date of birth (DOB) as XX January 19XX vice XX June 19XX.
2. The applicant states his DOB is incorrect on his DD Form 214.
3. The applicant provides 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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, his reconstructed record contains sufficient documents to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Ohio Army National Guard (OHARNG) on 1 November 1965. His reconstructed record contains his DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 November 1965, wherein his DOB is listed as XX January 19XX.
4. He was ordered to active duty for training (ADT) and he entered active duty on 26 March 1967. His reconstructed record contains a Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History), both dated 31 March 1967, wherein each shows his DOB as XX January 19XX.
5. He was released from ADT on 23 July 1967 to the control of the OHARNG. Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as XX June 19XX.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms when the applicant enlisted in the OHARNG on 1 November 1965 his DOB was listed as XX January 19XX. This is the DOB that is shown on his SF 88 and SF 89 that were completed on 31 March 1967 during his active duty service. It appears an error occurred during the preparation of his DD Form 214 and his DOB was inadvertently entered as XX June 19XX. Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is shown 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 amending his DD Form 214 by deleting the entry in item 9 and replacing it with the DOB listed on his DD Form 4, dated 1 November 1965.
_______ _ 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) AR20140019901
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ABCMR Record of Proceedings (cont) AR20140019901
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