IN THE CASE OF:  	  

		BOARD DATE:  24 November 2015	  

		DOCKET NUMBER:  AR20150004831 


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 his month of birth (MOB) as February instead of July.

2.  The applicant states his MOB is incorrectly listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Certificate of Birth
* National Guard Bureau Form 22 (Report of Separation and Record of
 	Service)

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 enlisted in the Wisconsin Army National Guard on 28 June 1959.  Item 15 (Date of Birth) of his DD Form 4 (Enlistment Record – Armed Forces of the United States), shows his MOB as July.  

3.  His record contains a Standard Form 88 (Report of Medical Examination) and a DA Form 41 (Record of Emergency Data) which list his MOB as February.
 
4.  The applicant entered active duty on 15 October 1961.  On 10 August 1962, he was released from active duty and returned to State control as a member of the Army National Guard of Wisconsin.  The DD Form 214 he was issued shows his MOB as July in item 6 (Date of Birth).

5.  The applicant provides a copy of his Certificate of Birth which list his MOB as February.

6.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.
 
DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's record contains forms showing a MOB consistent with the MOB he requests.  Therefore, it would be appropriate to correct his DD Form 214 to show his MOB as listed on his DA Form 41.

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 the current entry from item 6 of his DD Form 214 and replacing it with the date of birth as shown on his DA Form 41. 



      _______ _   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)                                         AR20150004831





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ABCMR Record of Proceedings (cont)                                         AR20150004831



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