IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017523 


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 correction of his DD Form 214 (Armed Forces of the United States of Transfer or Discharge) to show his birth month as July, not June as currently shown.

2.  The applicant states his birth date is 26 July 1947.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 30 April 1971 and Missouri Drivers License.

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 was inducted into the Army of the United States on 25 July 1969.  The applicant's DD Form 47 (Record of Induction) contained in his Official Military Personnel File (OMPF), shows in item 5 (Date of Birth) the entry 26 July 1947.

3.  On 25 August 1969, the applicant's DD Form 1584 (National Agency Check Request) was completed and shows in item 5 (Month, Day, Year of Birth) the entry "Jul 26 1947."

4.  The applicant completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 6 (Date of Birth) the entry "26 Jul 47."

6.  On 30 April 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  He was issued a DD Form 214 showing he completed 1 year, 9 months, and 6 days of creditable active service.   Item 9 (Date of Birth) of his DD Form 214 shows the entry
"26 Jun 47."

7.  As evidence to support his application, the applicant provided a copy of his Missouri Driver's License showing his date of birth as 07-26-1947 [26 July 1947].

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  All available records are used as a basis for preparing the DD Form 214WS (Worksheet) including the DA Form 20, DA Form 66 (Officer Qualification Record), and orders.

DISCUSSION AND CONCLUSIONS:

Based on the evidence of record, the applicant's month of birth is July, not June as shown on his DD Form 214 with a separation date of 30 April 1971.  It is evident, that in the process of typing the applicant's DD Form 214, an administrative error occurred showing his birth month as June.  Therefore, it would be appropriate to correct the applicant's record to show the month he was born as "July."

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 "JUN" and replacing it with the entry "JUL."



      ___________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)                                         AR20090017523



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ABCMR Record of Proceedings (cont)                                         AR20090017523



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