Docket No: 8752-20 
Ref: Signature Date  
 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF  USN, XXX-XX- 
 
 Ref:    (a) 10 U.S.C. 1552 
 
 Encl:  (1) DD Form 149 with attachments 
        (2) Case summary 
        (3) Subject's naval record (DD Form 214) 
 
1.   Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s correct date of birth (DOB).  Enclosures (1) through (3) apply. 
 
 2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 17 February 2021 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 enclosures, naval 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 limitation and review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy on 7 November 1963.  On 29 April 1964, he was honorably discharged by reason of unsuitability due to immature personality.         
 
    d.  At the time of his discharge, he was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) which incorrectly reflects his DOB as 4 September 1943. 
 
   
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 (i.e., a notification of Birth from the State of Department of Health Services Office of the State Registrar of Vital Statistics, which reflect his correct DOB as 4 November 1944 to support his request, and as such, Petitioner’s record should be corrected to reflect the correct DOB.  In accordance with the foregoing, the Board concluded that the record should be corrected by the issuance of a new DD Form 214, and that Petitioner should be issued the same. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to reflect a DOB as 4 November 1944 and that a new DD Form 214, which reflects this correction, be filed in his official military personnel record. 
 
That Petitioner be issued a new DD Form 214, which reflects a corrected DOB of 4 November 1944. 
 
That no further changes be made to the record. 
 
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. 
 
Sincerely, 
2/24/2021
Executive Director