IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20140021437
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 as
28 December 1932 instead of 5 November 1932.
2. The applicant states the penciled in correction of his DOB on his DD Form 214 was done by the officer on duty at the time of his discharge. This was required by the Veteran Center of New York City. He has never received any benefits for his military service. He is now in his 80s and the Department of Veterans Affairs will not issue him an identification (ID) card for health care because of the penciled in correction of his DOB on his DD Form 214.
3. The applicant provides:
* 2 military ID cards
* Certificate of Service
* Asbestos 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's military records are not available to the ABCMR 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. This case is being considered using his DD Form 214.
3. The applicant was inducted into the Army of the United States and entered active duty on 5 July 1955. He was honorably released from active duty on 3 May 1957 and credited with completing 1 year, 9 months, and 29 days of active duty service.
4. Item 6 (Date of Birth) of his DD Form 214 shows his date of birth as
5 November 1932; however, this entry has been crossed through and replaced with the entry 28 December 1932.
5. He provides the front side of his active duty ID card which does not show a DOB. He also provides a U.S Army Reserve (USAR) ID card which shows his DOB as 28 December 1932.
6. Army Regulation 635-5 (Separation Documents) in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to change DOB from 5 November 1932 to 28 December 1932 was carefully considered.
2. In view of the fact that his service record is unavailable, there is no way to determine which DOB he used during his period of service. Although there is no way to determine when the penciled in correction was made to his DD Form 214, he provides a USAR ID which shows his DOB as 28 December 1932. This shows at some point during his military service he used 28 December 1932 as his DOB.
3. Therefore, the USAR ID card is accepted as sufficient evidence to support correction of his DD Form 214 to show his DOB as 28 December 1932.
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 to show his DOB as it is shown on his USAR ID card.
_______ _ _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) AR20140021437
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ABCMR Record of Proceedings (cont) AR20140021437
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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