IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009823
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his month of birth as July.
2. The applicant states that his DD Form 214 incorrectly reflects his month of birth as August when in fact it is July.
3. The applicant provides copies of his DD Form 214 and drivers 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. The applicant was inducted on 15 August 1972. At the time of his induction his Record of Induction (DD Form 47) reflected a month of birth of August.
3. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a cook at Fort Knox, Kentucky before being transferred to Fort Leonard Wood, Missouri for his first and only assignment.
4. His records contain several documents including his identification card application and physical examination showing his month of birth as July. Additionally, his DA Form 2 (Personnel Qualification Record Part 1) shows his month of birth as July.
5. On 15 August 1974, he was released from active duty (REFRAD) under honorable conditions. His DD Form 214 issued at the time of his REFRAD shows his month of birth as August.
6. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show his month of birth as July instead of August has been noted and appears to have merit.
2. There are sufficient documents contained in his official records to show that his month of birth is July instead of August.
3. Accordingly, his DD Form 214 should be corrected to show his month of birth as July.
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 showing on his DD Form 214 that his month of birth is 07 instead of 08.
_______ _ 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) AR20140009823
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ABCMR Record of Proceedings (cont) AR20140009823
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