IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140020274
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 widow of a deceased former service member (FSM), requests, in effect, correction of the date of birth (DOB) entered on the FSMs
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. She states the FSMs Birth Certificate shows his DOB as 22 May 1938.
3. She provides a Certification of Death pertaining to the FSM and a copy of the FSMs 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 enlisted in the Regular Army on 24 July 1957.
3. The following documents show his DOB as 22 May 1938:
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450)
* DD Form 735 (Health Record-Abstract of Service)
* Standard Form 88 (Report of Medical Examination)
3. On 22 July 1960, he was honorably transferred to the U.S. Army Reserve. Item 6 (DOB) of his DD Form 214 shows the entry "22 May 39."
4. The applicant provides a Certification of Death showing the FSM was born on 22 May 1938.
DISCUSSION AND CONCLUSIONS:
The available evidence indicates an error was made in recording the FSM's DOB on his DD Form 214. It would be appropriate to correct this error by replacing the entry in item 6 of his DD Form 214 with the DOB recorded on his Certification of Death.
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 block 6 of his DD Form 214 and replacing it with the DOB shown on his Certification 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) AR20140020274
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140020274
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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