DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Docket No: 4388-18
May 17 2019

From:  Chairman, Board for Correction of Naval Records
To:    Secretary of the Navy

Subj:   REVIEW NAVAL RECORD OF 

Ref:    (a)  10 U.S.C. § 1552

Encl:  (1)  DD Form 149 with attachments
       (2)  Subject's naval record 

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to correct the record to reflect his correct date of birth (DOB).  

2.  The Board, consisting of   ,    ,   and   reviewed Petitioner's allegation of error on 26 February 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of Petitioner’s application, together with all material submitted in support thereof, relevant portions of his naval record, as well as applicable statutes, regulations and policies.

3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegation of error found as follows:

    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

    b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits.

    c.  Petitioner enlisted in the Navy on 5 August 1943. He was honorably released from active duty on 22 March 1946, at the expiration of his active obligated service.        

    d.  At the time of Petitioner’s release from active duty, he was issued a Notice of Separation from U.S. Naval Service (NAVPERS-553) which incorrectly reflected his DOB as      .

    e.  Petitioner provided a notification of Birth Registration from the United States Department of Commerce Bureau of the Census reflecting the correct DOB as      to support his request.  

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants favorable action.  The Board noted Petitioner provided legal evidence of his correct DOB.  Accordingly, the Board concluded that the record should be corrected by the issuance of a Certificate of Release or Discharge from Active Duty (DD Form 214), and that Petitioner should be issued the same.

RECOMMENDATION:

That Petitioner be issued a DD Form 214 reflecting a corrected DOB of     .

That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received in 15 May 2018.

4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.

 
Executive Director