IN THE CASE OF: BOARD DATE: 23 February 2010 DOCKET NUMBER: AR20090015676 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) be changed to 26 January 1950 vice 1 January 1950. He also requests award of the Army Commendation Medal with “V” Device. 2. The applicant states he was "pending other and denied a Purple Heart." 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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. The applicant requests award of the Army Commendation Medal with “V” Device. However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms award of this personal decoration. In the absence of authority for this award, he may request award of the Army Commendation Medal with “V” Device under the provisions of Title 10, U.S. Code, section 1130. The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130. As a result, the request for award of the Army Commendation Medal with “V” Device will not be discussed further in these Proceedings. 3. The applicant enlisted in the Regular Army (RA) on 29 September 1969 for a period of three years. His DD Form 4 (Enlistment Contract) shows his DOB as 26 January 1950. 4. His DA Form 20 (Enlisted Qualification Record) shows his DOB as 26 January 1950. 5. The applicant was honorably released from active duty on 21 January 1972. Item 9 (DOB) of his DD Form 214 shows the entry "1 JAN 50." DISCUSSION AND CONCLUSIONS: Documents filed in the applicant’s service personnel records show his DOB as 26 January 1950; however, his DD Form 214 incorrectly reflects his DOB as 1 January 1950. Therefore, there is sufficient evidence as a basis to correct the applicant’s DD Form 214 to show his DOB as 26 January 1950. 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 deleting from item 9 of his DD Form 214 the entry "1 JAN 50" and replacing it with the entry "26 JAN 50." ___________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) AR20090015676 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015676 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1