BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120013568 


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 18 December 1950 instead of 15 December 1950.

2.  The applicant states his DOB is incorrect.

3.  The applicant provides his birth certificate, driver's license, and DD Form 214.

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 enlistment, the applicant completed a DD Form 398 (Statement of Personal History) on 22 December 1967.  Item 5 (DOB) shows the entry "18 12 50" which indicates he was born on 18 December 1950.  He authenticated this form by signing his name in the appropriate place.

3.  His record contains a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) authenticated by the applicant's parent or legal guardian which shows the applicant's DOB as "18 December 1950."

4.  He enlisted in the Regular Army on 28 December 1967.  He was honorably released from active duty as an overseas returnee on 21 December 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 14 days of total active service.  Item 9 (DOB) of his DD Form 214 shows the entry "15 DEC 50."

5.  The applicant provides a copy of his birth certificate which shows his DOB as "18 December 1950."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  It states item 9 is self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his DOB as 18 December 1950 vice 15 December 1950.

2.  The applicant's enlistment documents show his DOB as 18 December 1950 and the applicant has provided a birth certificate which supports this date.  It appears the incorrect DOB listed on his DD Form 214 was a result of a typographical error and/or administrative oversight.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as 18 December 1950.



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 "15 DEC 50" from item 9 of his DD Form 214 and replacing it with the entry "18 DEC 50."



      __________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)                                         AR20120013568



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120013568



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1