Docket No. 6287-19
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER , USN,  
       
Ref:  (a) 10 U.S.C. §1552 
  
Encl: (1) DD Form 149 with attachments 
      (2) Recruiter Verification of Birth of  
      (3) Application for Enlistment 
      (4) Enlistment Contract 
      (5) Certificate of Release or Discharge from Active Duty (DD Form 214) 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his date of birth be corrected to read  “          ” vice “    ,” on his DD Form 214.   
 
2.  The Board, consisting of       reviewed Petitioner's allegations of error and injustice on 19 August 2020 and, pursuant to its regulations, determined that the partial 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 enlisted in the Navy and began a period of active duty on 11 April 1951.  On  
7 April 1955, Petitioner was discharged from the naval service with an honorable characterization of service. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.  
 
The Board carefully weighed all potentially mitigating factors, such as Petitioner’s contention that his date of birth listed on his DD Form 214 is incorrect.  The Board concluded that Petitioner’s request warrants relief in the form of correcting his date of birth to reflect "   ” vice “   ” on his DD Form 214.  In accordance with enclosures (2) through (4), the record shall be corrected by issuance of a new DD Form 214 reflecting Petitioner’s correct date of birth. 
 
In view of the foregoing, the Board finds the existence of an error warranting the following corrective action. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner's naval record shall be corrected to show that on 7 April 1955, Petitioner was issued a DD Form 214 with his date of birth listed as .”  
 
That a copy of this Record of Proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 20 June 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.