IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003477
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 birth year be changed on his DD Form 214 (Report of Transfer or Discharge) to 1951.
2. The applicant states his birth year is 1951 not 1949.
3. The applicant provides a birth certificate issued in 2013.
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's mother signed a DD Form 373 (Consent, Declaration of Parent or Guardian) on 6 May 1968 showing the applicant's birth year as 1951. The form indicates the birth date was verified by a birth certificate.
3. The record contains two copies of a DD Form 4 (Enlistment Contract) showing a typed birth year of 1951. One copy has a pen and ink correction showing the birth year as 1949.
4. All other documents prepared at the time of enlistment shown the birth year as 1951.
5. The applicant enlisted in the Regular Army and served on active duty from 11 June 1968 through 21 March 1971.
6. His DD Form 214 shows a birth year of 1949.
7. The birth certificate provided shows a birth year of 1951.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states an applicant is eligible for enlistment if the applicant is at least 17 years of age and has not passed their 42nd birthday. Applicants who are 17 years of age require parental/guardian consent for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted on 11 June 1968. Had his birth year been 1949 he would not have needed parental consent as he would have been 19 years old, not 17.
2. Why all of the applicant's records except one DD Form 4 and his DD Form 214 show the birth year of 1949 is not clear, but the birth year recorded on the DD Form 214 is clearly an error as documented by his other records and 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 showing on the applicant's DD Form 214 a birth year of 1951.
_______ _ _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) AR20150003477
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ABCMR Record of Proceedings (cont) AR20150003477
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