BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090020385 


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 to his date of birth shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states the wrong date of birth of 26 November 1946 is shown, whereas his date of birth is 26 November 1944.  He has not looked at his 
DD Form 214 until now.

3.  In support of his application, the applicant provides his 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.  His military records show he was inducted into the Army of the United States in pay grade E-1 on 16 February 1966.  His DD Form 47 (Record of Induction), Item 5 (Date of Birth) shows 26 November 1944.  His DA Form 20 (Enlisted Qualification Record), Item 6 (Date of Birth), shows 26 November 1944.  He was released from active duty on 29 January 1968, as an overseas returnee.  He was issued a DD Form 214 that shows in Item 9 (Date of Birth) his date of birth as 26 November 1946.

3.  He submitted a Goshen Department of Health certificate, issued on 19 December 1944, that certified a male registrant with the same name as his was born on 26 November 1944 in Goshen, Indiana.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his date of birth is incorrect on his DD Form 214 was carefully reviewed and found to have merit.

2.  The evidence of record confirms that the entry on his DD Form 214 appears to be due to a typographical error.  Therefore, his DD Form 214 should be corrected to show his proper date of birth as 26 November 1944.

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 showing his date of birth as 26 November 1944 in Item 9 of his DD Form 214.  



      _______ _   _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)                                         AR20090020385



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ABCMR Record of Proceedings (cont)                                         AR20090020385



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