IN THE CASE OF:	  

		BOARD DATE:	    30 July 2013

		DOCKET NUMBER:  AR20120022251 


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 military service records to show his correct date of birth (DOB).

2.  The applicant states his DOB is 24 May XXXX, not 24 March XXXX.

3.  The applicant provides copies of his Certificate of Birth Registration and 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  An A.N. Brady Maternity Hospital, Certificate of Birth, shows the applicant was born on the "twenty-fourth day of May XXXX."

3.  A DA Form 61 (Application for Appointment), completed by the applicant on 12 October 1962, shows in item 8 (DOB) the entry "24 May XX."

4.  The applicant was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank of second lieutenant on 5 June 1963.  He entered active duty on 14 March 1964.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 March 1966.  It shows in item 6 (DOB) the entry "24 Mar XX" (i.e.,    24 March XXX).

6.  A USAAC Form 173 (Screening the Standby Reserve), dated 14 April 1969, shows the applicant's DOB as "24 May XX."

7.  In support of his application, the applicant provides a copy of a New York State Department of Health, Certificate of Birth Registration, filed on 28 May 1941, that shows he was born on "May 24, XXXX."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's DOB is 24 May XXXX and that his DOB is correctly recorded on his DA Form 61 and in his military service records.  It appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct DOB.

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 from item 6 of his DD Form 214 the current entry and replacing it with the entry as shown on his Certificate of Birth Registration.




      __________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)                                         AR20120022251



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ABCMR Record of Proceedings (cont)                                         AR20120022251



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