IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120009325 


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 the month of his date of birth (DOB) as May instead of March.

2.  The applicant states his DD Form 214 contains an error.  The month of his DOB should be listed as May.

3.  The applicant provides:

* Birth certificate
* Texas Driver 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 enlisted in the Regular Army on 31 December 1970.  His enlistment contract shows the month of his DOB as May.  

3.  Item 9 (DOB) of his DD Form 214 shows the month of his DOB as March.

4.  His service personnel records show the month of his DOB as May.

5.  He provides a copy of his birth certificate which shows the month of his DOB as May.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born in May and his enlistment contract and birth certificate support this contention.  

2.  Based on the foregoing, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as it is listed on his birth certificate.

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 in item 9 of his DD Form 214 and adding the DOB as it is listed on his birth certificate.



      _______ _   _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)                                         AR20120009325



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ABCMR Record of Proceedings (cont)                                         AR20120009325



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