IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005342 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 Item 7d (Eye Color) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "Blue" instead of "Brown." 2. The applicant states his correct eye color is "Blue" as reflected on his state driver license. 3. The applicant provides copies of his DD Form 214 and driver license. 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 military records show he was inducted into the Army of the United States on 9 August 1963. His records contain the following: * DD Form 398 (Statement of Personal History), dated 2 August 1963, which lists his eye color as "Blue" * DD Form 47 (Record of Induction), dated 9 August 1963, which does not list his eye color * DA Form 428 (Application of Identification Card), dated 13 August 1963, which lists his eye color as "Blue" * DA Form 20 (Enlisted Qualification Record), dated 19 November 1966, which does not list his eye color 3. He was honorably released from active duty on 8 August 1965. Item 7d of his DD Form 214 lists his eye color as "Brown." 4. He provided a copy of his driver license, issued on 14 June 2012, which lists his eye color as "Blue." 5. 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. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation also stated item 7d would list the eye color verified in the Soldier's record. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's eye color is "Blue." Item 7d of his DD Form 214 incorrectly lists his eye color as "Brown." Item 7d of this form should be corrected to show his eye color as "Blue" as shown on his DD Form 398 and DA Form 428. 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 from item 7d of his DD Form 214 the entry "Brown" and replacing it with the entry "Blue." _______ _ 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) AR20150005342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1