Docket No: 4752-19 
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 with attachments 
         (2) Subject's naval record (DD Form 214) 
 
 1.  Pursuant to the provisions of reference (a) Petitioner, daughter of former , filed enclosure (1) with this Board requesting a change to her father’s naval record, specifically, to correct the record to reflect his correct date of birth (DOB).  Enclosures (1) and (2) apply. 
 
 2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 23 June 2020, 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 of limitations and review the application on its merits. 
 
    c.  Petitioner’s father reenlisted in the Navy on 29 November 1950.  He was honorably discharged from active duty on 26 October 1951, at the completion of his active obligated service.         
 
    d.  At the time of Petitioner’s father 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’s father correct date of birth is . 
 
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 Death from the Health and Hospital Corporation of  County Division of Public Health) to support her request, which reflects her father’s correct DOB as 4 September 1919.  As such, her father’s record should be corrected to reflect his 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 father’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 on 3 May 2019. 
 
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.