Docket No: 3900-21

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) 10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 w/attachments 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by correcting the date of birth on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 23 Jul 2021 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 enclosure, relevant portions of Petitioner’s naval service 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 regulation within the Department of the Navy. 
 
    b.  Although the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 
 
    c.  Petitioner enlisted in the Marine Corps on 7 October 1954.  At the time of his enlistment, his birthday was listed as .  He began a period of service on 7 October 1954.  On 24 January 1958, Petitioner was discharged.  
 
    d.  At the time of Petitioner’s discharge, he was issued an  Armed Forces of the United States Report of Transfer (DD Form 214) with an incorrect date of birth of .          
 
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  The Board noted that the Petitioner’s Armed Forces of the United States Report of Transfer of Discharge (DD Form 214) reflects a date of birth of .  The Board noted that Petitioner submitted a copy of his Birth Certificate from the State of  with a correct date of birth of . 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner’s be issued a correction to DD Form 214 Certificate of Release or Discharge from Active Duty (DD Form 215) indicating the date of birth as .  
 
That no further action be granted. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
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. 
 
                                                                            
8/10/2021
Executive Director