BOARD DATE: 6 October 2009 DOCKET NUMBER: AR20090007282 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 that his date of birth (DOB) and Social Security Number (SSN) be corrected on his DD Form 214 (Report of Transfer or Discharge). 2. The applicant states his date of birth and Social Security Number are not correct on his DD From 214. 3. The applicant provides of his DD Form 214, Social Security Number card, and a birth certificate. 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. On 3 February 1971 a DD Form 215 (Correction to DD Form 214) was issued that included the correction of the applicant's SSN; therefore, the issue of correcting the SSN is moot and will not be further discussed. 3. The applicant was inducted into the Army on 26 July 1967 and was released from active duty under honorable conditions on 13 August 1969 in pay grade E-1. 4. The applicant's DOB is listed on various service record documents as follows on: a. his Report of Induction, as 16 July 1948; b. his induction medical history report, as 16 July 1948; c. three DA Forms 2627-1 (Record of Proceedings Under Article 15 (UCMJ)), as 16 July 1946; d. two DA Forms 2627-1, as 16 July 1948; e. his separation medical history report, as 16 July 1946; f. his DD Form 214, as 16 July 1946; g. his DA Form 20 (Enlisted Qualification Record) shows a typed entry which was overwritten with the year 1948; h. a 1993 Release of Military Information, as 19 March 1949; i. a 27 October 1969 DA Form 428 (Application for [Reserve Components] Identification Card), as 16 July 1946; and j. a 1993 Authorization to Release Information to Probation Officer, as 16 July 1949. 5. The birth certificate provided by the applicant in support of his claim was issued on 21 October 1998. It shows a date of birth of 16 July 1949 and a registration date of 20 July 1949. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his date of birth be corrected on his DD Form 214. 2. The applicant's official military record shows his DOB in a fairly equal number of instances as 16 July 1946 or 1948; with a few references to 16 July 1949 and a couple of odd dates. 3. Normally the Board does not change the record in such cases in order to maintain the integrity of the record as it was prepared at the time of a Soldier's service. However, due to the multiple dates of birth shown in the official record, it is appropriate to correct the inconsistencies with a single date as listed on the official birth certificate, 16 July 1949. 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 all Department of the Army records of the individual concerned be corrected by correcting the applicant's records to show his date of birth as 16 July 1949. _______ _ __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) AR20090007282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090007282 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1