DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 8096-18                                                     
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 w/ attachments
        (2) Subject's naval record (DD Form 214)

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to correct the record to reflect his correct date of birth (DOB).  

2.  The Board, consisting of         , reviewed Petitioner's allegations of error and injustice on 8 October 2019 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, as well as applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice found 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 5 October 1950.  He was honorably released from active duty on 1 February 1952, at the expiration of his active obligated service.

    d.  At the time of Petitioner’s release from active duty, he was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) which incorrectly reflects his DOB as . 

    e.  Petitioner submitted a birth certification from the State of reflecting that his DOB is actually 26 June 1928 along with an explanation that he used the DOB of so that he could enlist in the Navy. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants favorable action.  The Board noted that Petitioner has provided legal evidence to support his request, and, as such, his 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 of  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 .
 
That no further changes be made to the record.
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received in 3 October 2018. 

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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


10/29/2019