IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20140021768
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 his date of birth (DOB) be changed to 21 December 1942 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DOB is incorrect. His correct DOB is 21 December 1942.
3. The applicant provides his Certificate of Birth, DD Form 214, and his operators license.
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. On 26 November 1963, the applicant was inducted into the Army of the United States. Item 5 (DOB) of his DD Form 47 (Record of Induction) contains the entry 9 March 1942.
3. The following documents in his official military personnel file show his DOB as 21 December 1942:
* DD Form 348 (Driver Qualification Record)
* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
* Standard Form 46 (U.S. Government Motor Vehicle Operator Identification Card)
4. On 18 November 1965, he was released from active duty. Item 6 (DOB) of his DD Form 214 shows his DOB as 9 March 1942.
5. He provides his Certificate of Birth and operators license that show his DOB as 21 December 1942.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he provided the DOB shown on his birth certificate at some point during his military service. There is no evidence indicating why the DOB shown on his birth certificate was not recorded on all official records.
2. The available evidence indicates an error was made in recording the applicant's DOB when he was inducted and that this error was carried over to 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 birth certificate.
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 birth certificate.
____________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) AR20140021768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140021768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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