IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008668
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 27 December 1950.
2. He states his DOB is incorrectly listed on his DD Form 214.
3. He provides his South Carolina birth certificate and 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. His military records show he was inducted into the Army of the United States on 16 February 1971 and his induction document shows his DOB as
28 December 1950.
3. His DA Form 873 (Certificate of Clearance and/or Security Determination) shows his DOB as 27 December 1950.
4. He was honorably retired from active duty on 30 November 1992. His DD Form 214 shows in item 5 (Date of Birth) - 28 December 1950.
5. He submits a copy of his birth certificate showing his DOB as 27 December 1950.
DISCUSSION AND CONCLUSIONS:
It appears his DOB was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his DOB as 27 December 1950.
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 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 correcting his DD Form 214 to show the DOB listed 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) AR20140008668
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ABCMR Record of Proceedings (cont) AR20140008668
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