IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020321
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 26 April 1948 vice 28 April 1948.
2. The applicant states his DOB is incorrect on his DD Form 214.
3. The applicant provides his birth certificate.
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 (AR) on 28 June 1967. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 28 June 1967, shows his DOB as 28 April 1948.
3. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 28 April 1948.
4. On 3 February 1969, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 26 April 1948. He authenticated this form by placing his signature in the appropriate block on that date.
5. His record contains several personnel, legal, and medical documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 10 March 1969, and a DA Form 428 (Application for Identification Card), dated 8 July 1969, that all show his DOB as 26 April 1948. He authenticated many of these documents by placing his signature in the appropriate block.
6. He was honorably released from active duty on 22 May 1970 and he was transferred to the U.S. Army Reserve. Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as 28 April 1948.
7. The applicant provides a New Mexico Certificate of Birth wherein it shows his DOB as 26 April 1948.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that during the applicant's military service he listed his DOB as 26 April 1948 and this is the DOB he used throughout his military service. It is unclear if when he enlisted in the RA an administrative error occurred and his DOB was entered incorrectly and this error was compounded when his DA Form 20 and DD Form 214 were prepared listing his DOB as 28 April 1948. However, as his record contains several documents that show his DOB as 26 April 1948, it would be appropriate at this time to correct his DD Form 214 accordingly.
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 entry 26 April 1948.
_______ _ 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) AR20140020321
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ABCMR Record of Proceedings (cont) AR20140020321
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