IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140020284
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. 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 month of birth (MOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his MOB is January vice June.
3. He 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 enlisted in the Regular Army on 7 December 1966.
3. His record contains a:
a. DA Form 398 (Statement of Personal History), dated 12 March 1996, which shows his MOB as January; and
b. DA Form 2784 (Request for and Results of Personnel Security Action), dated 14 January 1971, which shows his MOB as January.
4. On 19 September 1968, he was honorably discharged after completing 1 year, 9 months, and 13 days of active military service. His DD Form 214 shows his MOB as June in item 9.
5. Army Regulation 635-5 (Separation Documents) 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 states, in pertinent part, that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 9 state to enter the month of birth as it is recorded in the military record.
DISCUSSION AND CONCLUSION
The applicant's MOB appears as January in his military records. It appears that an administrative error occurred during the preparation of his DD Form 214 resulting in his MOB being incorrectly listed. Therefore, he is entitled to correction of item 9 of his DD Form 214 to show his MOB as January.
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 in item 9 his MOB as it appears on his
DA Form 398.
_____________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) AR20140020284
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ABCMR Record of Proceedings (cont) AR20140007964
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ABCMR Record of Proceedings (cont) AR20140020284
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