IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120011634


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 17 July 1953 instead of 17 July 1957.

2.  He states his DOB is incorrect.

3.  He provides his DD Form 214 and State of North Carolina Certificate of Live Birth.

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.  On 23 December 1971, the applicant enlisted in the Regular Army.  Item 21 (DOB) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his DOB as 17 July 1953.

3.  On 5 January 1972, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB in item 5 (DOB (Day, Month, Year)) as 17 July 1953.

4.  On 5 January 1972, he completed a DD Form 1584 (Department of Defense – National Agency Check Request), wherein he listed his DOB in item 5 (Month, Day, Year of Birth) as 17 July 1953.

5.  Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as 17 July 1953.

6.  On 6 December 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 4 (DOB) of his DD Form 214 shows his DOB as 17 July 1957.

7.  His DOB is listed on numerous documents contained within his DA Form 201 (Military Personnel Records Jacket) as 17 July 1953.

8.  The applicant provides his State of North Carolina Certificate of Live Birth that shows his DOB as 17 July 1953.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows he consistently listed his DOB throughout his military career as 17 July 1953.  He now provides a Certificate of Birth which confirms his DOB as 17 July 1953.  The year of his DOB is incorrectly recorded on his DD Form 214.  In view of the foregoing, there is a sufficient basis to grant the requested relief in this case.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 "57  07  17" from item 4 of his DD Form 214 and replacing it with the entry "53  07  17."



      ______________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)                                         AR20100015378



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011634



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1