IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150001531
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 (DOB) as 11 August 19XX vice 8 November 19XX.
2. The applicant states his DOB is wrong and may affect his benefits.
3. The applicant provides his DD Form 214 and Certificate of Birth Registration.
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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 11 August 19XX.
3. His DD Form 47 (Induction Record) shows he was inducted into the AUS on 15 November 1965. Item 5 (DOB) lists his DOB as 11 August 19XX.
4. His DA Form 20 (Enlisted Qualification Record) lists his DOB as 11 August 19XX.
5. His official records also contain various documents, including a DA Form 3027 (U.S. Army Request for National Agency Check) that lists his DOB as 8/11/XX meant to be 11 August 19XX, but perceived as 8 November 19XX. He authenticated some of these documents when it was required by placing his signature in the appropriate place.
6. He was honorably released from active duty on 14 November 1967. Item 9 (DOB) of his DD Form 214 lists his DOB as 8 November 19XX. He authenticated this form by placing his signature in the appropriate place.
7. He submitted a birth certificate that contains a name similar to his with a DOB of 11 August 19XX.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant listed his DOB as 11 August 19XX upon his induction into the AUS. This DOB is consistent with his other documents in his service record and the Certificate of Birth Registration he provides. It appears when his DD Form 214 was processed, it inadvertently listed an incorrect DOB. Therefore, his DD Form 214 should be corrected to show his DOB as shown on his DD Form 398
(11 August 19XX).
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 by deleting the existing entry in item 9 and adding the DOB listed on his DD Form 398.
_______ _ _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) AR20150001531
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001531
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