IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003227 


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         instead of . 

2.  The applicant states he believes it is a typographical error.

3.  The applicant provides a copy of his Certificate of Live Birth 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's record contains a DD Form 47 (Record of Induction) that lists his DOB as .  This form further shows he was inducted into the Army of the United States on 1 May 1968.

3.  On 5 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued shows his DOB as .

4.  He provides a copy of his Certificate of Live Birth that lists his DOB as          .

5.  Army Regulation 635-5 (Separation Documents), then in effect, established 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 evidence of record shows that when the applicant was inducted into the Army of the United States, the DOB listed on his induction paperwork was consistent with the DOB that appears on his Certificate of Live Birth.  His DD Form 214 shows his DOB as , not , presumably the result of a typographical error.  Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his Certificate of Live Birth.

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 deleting the current entry from item 9 (Date of Birth) of his DD Form 214 and replacing it with the entry "25 Jan 49."




      _______ _   __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)                                         AR20140003227





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ABCMR Record of Proceedings (cont)                                         AR20140003227



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