IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001967 


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 date of birth (DOB) as 6 November 1946 instead of 2 March 1946. 

2.  The applicant states the DOB is incorrectly listed on his DD Form 214. 

3.  The applicant provides 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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 6 November 1946. 
3.  He was inducted into the AUS on 17 April 1967.  His DD Form 47 (Record of Induction) listed his DOB as 2 March 1946.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his induction shows his DOB as 2 March 1946.  He reviewed this form at a later date and placed his signature in the appropriate block.

5.  His official records contain a DA Form 3027 (U.S. Army Request for National Agency Check) that listed his DOB as 2 March 1946 and a DA Form 41 (Record of Emergency Data) that lists his DOB as 2 March 1945.  He authenticated the DA Form 41 by placing his signature where necessary.

6.  He was honorably released from active duty on 17 April 1967.  Item 6 (DOB) of his DD Form 214 lists his DOB as 2 March 1946.  He authenticated this form by placing his signature in the appropriate block.

7.  He submitted a certificate of birth, dated/reproduced on 19 January 1994, which lists his DOB as 6 November 1946.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 

DISCUSSION AND CONCLUSIONS:

The applicant used the DOB of 6 November 1946 upon his induction into the AUS.  However, his Record of Induction and several other subsequent military documents erroneously listed his DOB as 2 March 1946 or 2 March 1945.  The problem was compounded when his DD Form 214 also listed an incorrect DOB of 2 March 1946.  Therefore, he is entitled to correction of his DD Form 214 to show his correct DOB of 6 November 1946.

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 amending his DD Form 214 by deleting from item 6 the entry "2 Mar 46" and adding the entry "6 Nov 46."



      _______ _   __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)                                         AR20120001967



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ABCMR Record of Proceedings (cont)                                         AR20120001967



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