IN THE CASE OF:	

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20080019216 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 June 1980 to change his date of birth from "561112" [12 November 1956] to "561012" [12 October 1956].

2.  The applicant states, in effect, that a typographical mistake on his discharge orders resulted in an erroneous date of birth being entered on his discharge certificate.

3.  The applicant provides copies of his birth certificate and his DD Form 214 for the period ending 20 June 1980 as documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A review of documents contained in the applicant's military personnel record shows that his date of birth consistently appears as 12 October 1956.  These documents include, but are not limited to, three DD Forms 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), a DA Form 2 (Personnel Qualification Record - Part I), and a DD Form 214 (Report of Separation from Active Duty) for the period ending 24 June 1979.

3.  The applicant provides a certified copy of his Certificate of Live Birth from the Michigan Department of Health.  Item 6 of this document shows his date of birth as "October 12, 1956" [12 October 1956].

4.  The applicant provides a copy of his DD Form 214 for the period ending 20 June 1980 on which his date of birth appears as "561112" [12 November 1956].

5.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part it stated that the date of birth of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 for the period ending 20 June 1980 should be corrected to change his date of birth from 12 November 1956 to 12 October 1956 was carefully considered and determined to have merit.

2.  Evidence shows the applicant's date of birth is 12 October 1956.

3.  Evidence shows that the applicant was issued a DD Form 214 for the period ending 20 June 1980 on which his date of birth erroneously appears as 12 November 1956.  Contemporaneous policy prescribed inclusion of the separating service member's date of birth on the DD Form 214.  Therefore, the applicant is entitled to have his date of birth correctly shown as 12 October 1956.


BOARD VOTE:

___x____  __x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant be issued an appropriate document showing that his date of birth should have appeared as "561012" on his DD Form 214 for the period ending 20 June 1980.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080019216



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ABCMR Record of Proceedings (cont)                                         AR20080019216



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