ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180004842 APPLICANT REQUESTS: correction of item 10 (Date of Birth) on his Enlisted Record and Report of Separation Honorable Discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Death * Certification of Birth Record * Enlisted Record and Report of Separation Honorable Discharge FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The spouse of the FSM (Former Service Member) states, item 10 (Date of Birth) on the Honorable Discharge Certificate is incorrect and she would like the correct date of ## ember 1923 added. 3. The applicant provides: a. The Missouri Department of health and Senior Services Certificate of Death dated 20 December 2007. The date of birth listed is ## ember 1923. b. The certification of birth record shows the date of birth as ## ember 1923. c. The Enlisted Record and Report of Separation Honorable Discharge in item 10 date of birth is ## ember 1923. 4. No service records were available for the Board to review. However, the Enlisted Record and Report of Separation provided reflects that he was inducted on 27 May 1943 in the Army of the United States. He was honorably discharged on 24 December 1945. 5. Army Regulation (AR) 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. a. Paragraph 5-6 (e) states for Date of Birth verify data accuracy by reviewing original enlistment contract and/or application for appointment. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the current date of birth reflected on the applicant’s DD Form 214 was entered in error and warranted correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing the date of birth (Item 10) to read the date reflected on the applicant’s enclosed birth certificate. 3/11/2020 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. a. Paragraph 5-6 (e) states for Date of Birth verify data accuracy by reviewing original enlistment contract and/or application for appointment. NOTHING FOLLOWS