IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001126
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct year of birth.
2. The applicant states that his DD Form 214 incorrectly reflects his year of birth as 1971 instead of 1951.
3. The applicant provides a copy of his 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. The applicant was born in 1951 and enlisted in the Regular Army on 28 July 1969 for a period of 3 years and training as a helicopter repairman. He completed his basic training at Fort Lewis, Washington and his advanced individual training at Fort Eustis, Virginia before being transferred to Fort Sill, Oklahoma for his first duty assignment.
3. The applicant volunteered for and was accepted for warrant officer flight training and was transferred to Fort Wolters, Texas and Fort Rucker Alabama for his training and was appointed as a U.S. Army Reserve warrant officer one on 19 April 1971.
4. He was transferred to Vietnam on 11 September 1971and was promoted to the rank of chief warrant officer two on 1 May 1973. He served there until 11 August 1972 when he was transferred to Fort Lewis.
5. On 1 May 1973, he was honorably released from active duty (REFRAD) due to his voluntary request. He had served 3 years, 9 months and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows his year of birth as 1971.
6. A review of his official records shows his year of birth recorded as 1951.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was born in 1951; however, his DD Form 214 incorrectly reflects his year of birth as 1971.
2. Therefore, it is reasonable to presume that an administrative error occurred during the preparation of his DD Form 214 that resulted in an incorrect year of birth being entered in block 9 of that form.
3. Accordingly, his DD Form 214 should be corrected to show his year of birth as 1951.
BOARD VOTE:
___x_____ ____x___ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 his year of birth on his DD Form 214 as 1951 instead of 1971.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20150001126
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ABCMR Record of Proceedings (cont) AR20150001126
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