BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100019495 


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 Report of Transfer or Discharge) to show his birth year as 1945 instead of 1946.  

2.  He states his actual date of birth is 1 December 1945.  

3.  He provides a copy of his DD Form 214 and 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.  The applicant was inducted into the Army of the United States on 17 February 1966.  

3.  His service record includes various documents which show his date of birth as 1 December 1945, such as his:

* DD Form 47 (Record of Induction)
* Standard Form 88 (Report of Medical Examination)
* DD Form 398 (Statement of Personal History)
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)

4.  He was released from active duty on 16 February 1968.  Item 9 (Date of Birth) on his DD Form 214 shows his date of birth as 1 December 1946.

5.  He provided a copy of his birth certificate which shows his date of birth as 1 December 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's birth certificate and various documents in his service record show his date of birth is 1 December 1945.  However, his DD Form 214 reflects his date of birth as 1 December 1946.  

2.  At this point in time, he would not be gaining any advantage by misrepresenting his year of birth.  Therefore, his birth certificate is accepted as sufficient evidence in which to correct his records to show his date of birth as 1 December 1945.

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 the entry "1 Dec 46" from item 9 of his DD Form 214 and adding the entry "1 Dec 45."




      _______ _  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)                                         AR20100019495



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ABCMR Record of Proceedings (cont)                                         AR20100019495



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