IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150003785
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 14 February instead of 2 February 19XX.
2. The applicant states the DOB is incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214 and a birth certificate.
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 enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 14 February 19XX.
3. He enlisted in the RA on 30 January 1962. Item 15 (DOB) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his DOB as 2 February 19XX.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his enlistment shows his DOB as 14 February 19XX. He reviewed this form at a later date and placed his signature in the appropriate block.
5. His official records contain several medical and personnel documents that list his DOB as 14 February 19XX. He authenticated several of these documents by placing his signature where necessary.
6. He was honorably released from active duty on 29 January 1965. Item 6 (DOB) of his DD Form 214 lists his DOB as 2 February 19XX. He authenticated this form by placing his signature in the appropriate block.
7. He submitted a certificate of birth that lists his DOB as 14 February 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 14 February 19XX upon his enlistment in the RA. This DOB is consistent with many other documents in his service record and the birth certificate he provides. It appears when his DD Form 214 was processed, it inadvertently listed an incorrect DOB. He meets the criteria to have his DD Form 214 corrected to show his DOB as shown on his birth certificate (14 February 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 6 and adding the DOB listed on his DD Form 398 and 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) AR20150003785
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ABCMR Record of Proceedings (cont) AR20150003785
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