IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003866
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 his date of birth be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was born on 3 December not 30 December.
3. The applicant provides his 1965 DD Form 214 and a Notification 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. The applicant enlisted in the Army National Guard on 9 February 1958. His enlistment contract is not of record. The medical entrance documents show a birth date of 3 December.
3. He served on initial active duty for training from 8 June 1958 through 7 December 1958. The DD Form 214 issued at this time shows a birth date of 30 December.
4. He enlisted in the Regular Army on 8 February 1960 with his birth date being shown as 30 December.
5. He had an immediate reenlistment on 21 February 1962. The DD Form 214 for the previous enlistment shows a birth date of 30 December. The enlistment contract for this period shows a birth date of 30 December.
6. On 7 November 1962, the applicant was involved in an alcohol related vehicle accident. The charge sheet prepared at this time shows a birth date of 3 December.
7. The applicant's April 1965 request for a hardship discharge shows a birth date of 3 December.
8. The applicant was granted an early separation due to family hardship and was discharged on 25 May 1965. His DD Form 214 shows a birth date of 30 December.
9. The available DA Form 20 (Enlisted Qualification Record) shows a birth date of 3 December.
10. The Notification of Birth Registration shows a birth date of 3 December.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records utilize both 3 December and 30 December as a birth date with all three of his DD Forms 214 showing the birth date as 30 December.
2. The official birth registration, in addition to multiple documents in the applicant's military records, show the birth date of 3 December. This date appears to be the correct birth date.
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 a date of birth (day and month) of 3 December on the applicant's 7 December 1958, 20 February 1962, and 25 May 1965 DD Forms 214.
_______ _ _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) AR20150003866
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ABCMR Record of Proceedings (cont) AR20150003866
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