IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100020132 


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 Army records be changed to show his date of birth as 17 April 1951.

2.  The applicant states that his birth certificate shows he was born on 17 April 1951.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  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.  A DD Form 398 (Statement of Personal History) completed by the applicant when he was inducted on 11 August 1970 lists his date of birth as 18 April 1951.  
3.  Every document in his record that lists a date of birth, including his 5 April 1972 DD Form 214, lists his date of birth as 18 April 1951.

DISCUSSION AND CONCLUSIONS:

1.  Every available record that required a date of birth shows his birth date as 18 April 1951.

2.  The Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

3.  A copy of this decisional document, the application and the supporting evidence provided will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the two different dates of birth.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20100020132



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ABCMR Record of Proceedings (cont)                                         AR20100020132



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