Docket No: 1012-20  
            Ref: Signature date 
 
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) Case summary (excerpts) 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his date of birth on his Certificates of Release or Discharge from Active Duty (DD Forms 214) be changed.   Enclosures (1) and (2) apply. 
 
2.  The Board consisting of , reviewed Petitioner's allegations of error and injustice on 4 September 2020, 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 the enclosure, relevant portions of Petitioner’s naval service records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds 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 of limitations and review the application on its merits. 
 
     c.  Petitioner enlisted in the Navy and began a period of active duty on 6 February 1979.  At the time of his enlistment he indicated his date of birth as .  He was honorably discharged from active duty on 14 August 1982, at the expiration of term of active obligated service.  
 
     d.  Petitioner reenlisted in the Navy on 20 June 1983.  His Enlistment / Reenlist Document – Armed Forces of the United States (DD Form 4/1) indicates his date of birth as  .   
  
     e.  Petitioner’s record contains two DD Forms 214 (6 Feb 79 – 14 Aug 82 and 16 Mar 89 – 15 Jun 93).  Both DD Forms 214 indicate his date of birth as .   
 
     e. Petitioner provided a County of , State of  Certificate of Birth filed on , which indicates his date of birth as .   
    
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants favorable action. The Board notes that Petitioner has provided legal evidence which reflects his correct date of birth. 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
RECOMMENDATION: 
  
That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to indicate his date of birth as  for both the DD Forms 214 contained in his record. 
    
That a copy of this Report of Proceedings be filed in Petitioner’s Naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 7 February 2020. 
 
4.  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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.