BOARD DATE:	  19 January 2016

		DOCKET NUMBER:  AR20150007769 


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 in item 6 (Date of Birth (DOB), the date  vice 28 October 19XX, and in item 9 (Marital Status), he was married instead of single. 

2.  The applicant states his DOB and marital status as shown on his DD Form 214 are incorrect.  He wants that corrected for posterity and historical accuracy. 

3.  The applicant provides:

* State driver license
* Medicare card
* Original birth certificate
* Verified birth certificate
* Duplicate marriage certificate
* Spouse certificate of death  

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 3 March 19XX.  His DD Form 47 (Record of Induction) listed his DOB as  19XX and his marital status as married.  

3.  Multiple other documents in his service record listed his DOB as  and/or listed his wife's name. 

4.  He was honorably released from active duty on 15 February 1957.  His DD Form 214 shows his DOB as 28 October 19XX in item 6 and his marital status as single in item 9. 

5.  He provides his birth certificates and driver license to confirm his DOB as 28 December 19XX.  He also provides his marriage license confirming he was married on  1954 (before his induction). 

DISCUSSION AND CONCLUSIONS:

Upon his induction into the AUS in March 1955, the applicant disclosed his DOB as  19XX and that he was married.  Several documents in his service record confirm his DOB and marital status.  It appears his DD Form 214 inadvertently listed an incorrect DOB and marital status.

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 6 the existing DOB and adding a DOB similar to that listed on his Induction Record ( 19XX)
* deleting from item 9 the existing marital status (single) and adding the word "married" in its place 



      _______ _   _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)                                         AR20150007769





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ABCMR Record of Proceedings (cont)                                         AR20150007769



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