Docket No: 9175-19 
Ref: Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:    Commandant of the Marine Corps 
 
Subj:   REVIEW NAVAL RECORD OF FORMER , 
           XXX-XX-, USMC 
 
 Ref:    (a) 10 U.S.C. 1552 
 
 Encl:  (1) DD Form 149 with attachments 
        (2) Case summary 
        (3) Subject's naval record (DD Form 214) 
 
 1.  Pursuant to the provisions of reference (a), Petitioner, a former Marine, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to change his date of birth (DOB) on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply. 
 
 2.  The Board consisting of , reviewed Petitioner's allegations of error and injustice on 30 September 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 limitation and review the application on its merits. 
 
    c.  Petitioner began a period of enlisted service in the Marine Corps on 22 October 1951.  He was honorably released from active duty on 1 October 1952, at the completion of his active obligated service.         
 
    d.  At the time of his release from active duty, he was issued a DD Form 214 which incorrectly reflects his DOB as . 
 
 
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, a notification of Birth Registration from the State office for registration of Vital statistics at , which reflect Petitioner’s correct DOB as 2 April 1932 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 .  
 
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 2 September 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. 
 
Sincerely, 
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