IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140001874 


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 as 27 August 1942.

2.  The applicant states his DD Form 214 shows his date of birth as 26 October 1942.  His correct date of birth is 27 August 1942.

3.  The applicant provides his birth certificate, marriage certificate, and 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 inducted into the Army of the United States on 20 July 1965.

3.  Documents in his military records show a variety of birth dates.  The following documents show his date of birth as 27 August 1942:

* Standard Form 600 (Chronological Record of Medical Care), dated 2 November 1965
* DA Form 2658 (Health Record – Abstract of Service), dated 31 May 1966
* Standard Form 88 (Report of Medical Examination), dated 17 July 1967

4.  He was honorably released from active duty on 9 August 1967.  His DD Form 214 shows his date of birth as 26 October 1942.

5.  His military records also contain a Standard Form 180 (Request Pertaining to Military Records), dated 25 January 1984, wherein he listed his date of birth as 27 August 1942.

6.  He provided his Commonwealth of Puerto Rico Department of Health Certificate of Birth and Demographic Registry Certification of Marriage, both showing his date of birth as 27 August 1942.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.

DISCUSSION AND CONCLUSIONS:

Multiple documents in the applicant's military records show his date of birth as 27 August 1942.  Therefore, it would be appropriate to correct his DD Form 214 to show this birth date.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to show his date of birth as shown on 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)                                         AR20140001874



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ABCMR Record of Proceedings (cont)                                         AR20140001874



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