IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012990 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012990 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 February 1972 to show the month in Item 9 (Date of Birth) as September. __________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. IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012990 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) with an effective date of 14 February 1972 to show the month of his date of birth (DOB) as September. 2. The applicant states the correct month of his DOB is September. 3. The applicant provides: * birth certificate * DD Form 214 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. On 12 August 1970, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) shows his DOB with the month of July. 3. A DD Form 398 (Statement of Personal History), signed by the applicant on 12 August 1970, shows his DOB with the month of September. 4. An approved DD Form 1584 (National Agency Check Request), dated 13 August 1970, shows his DOB with the month of September. The request was approved on 24 August 1970. 5. A DA Form 2658 (Health Record - Abstract of Service) records the applicant's DOB with the month of September. 6. The applicant's DA Form 20 (Enlisted Qualification Record) records his DOB with the month of July. 7. A Standard Form (SF) 88 (Report of Medical Examination), dated 1 February 1972, records the applicant's DOB with the month of September. 8. On 14 February 1972, the applicant was released from active duty. Item 9 (Date of Birth) on his DD Form 214 shows his DOB with the month of July. 9. The birth certificate, issued by the New Mexico Vital Records and Health Statistic, Public Health Division, provided by the applicant, shows his DOB with the month of September. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant's birth certificate shows his DOB with the month of September. 2. A DD Form 398, signed by the applicant, an approved DD Form 1584, a DA Form 2658, and a SF 88 all show the applicant's DOB with the month of September. 3. His DD Form 47, DA Form 20, and DD Form 214 show his DOB with the month of July. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012990 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012990 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2