IN THE CASE OF:	

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120012426


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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 28 April 1952 instead of 25 April 1952.

2.  He states his DOB is incorrect due to an administrative error.  During the process of refinancing his home he discovered his DOB is listed incorrectly on his DD Form 214.  His DOB is listed as 25 April 1952, but his actual DOB is 28 April 1952.

3.  He provides his DD Form 214, State of Wisconsin Certificate of Live Birth, State of Florida driver's license, and social security card.

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 10 July 1969, a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) was prepared in preparation for the applicant's upcoming enlistment in the Regular Army.  This form lists the applicant's DOB as 28 April 1952.

3.  On 11 July 1969 in preparation for his upcoming enlistment, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 28 April 1952.

4.  On 23 July 1969, he enlisted in the Regular Army.  Item 21 (DOB) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) lists his DOB as 25 April 1952.

5.  On 10 December 1973, he was released from active duty and transferred to the U.S. Army Reserve.  Item 4 (DOB) of his DD Form 214 shows his DOB as 25 April 1952.

6.  His DOB is listed throughout his DA Form 201 (Military Personnel Records Jacket) as either 25 April 1952 or 28 April 1952.

7.  He provides his State of Wisconsin Certificate of Live Birth that shows his DOB as 28 April 1952.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows he began his enlistment process using 28 April 1952 as his DOB, and while his DD Form 4 lists his DOB as 25 April 1952, it is not unreasonable to conclude this discrepancy resulted from an administrative error that was not discovered at the time.  The evidence also shows his DOB was listed as 28 April 1952 at various times throughout his active military service.  He now provides a Certificate of Live Birth that confirms his DOB as 28 April 1952.  However, his DOB is listed as 25 April 1952 on his DD Form 214.  In view of the foregoing, there is a sufficient basis on which 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 DOB entry "52  04  25" from his DD Form 214 and replacing it with the entry "52  04  28" as confirmed by 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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20120012426



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