IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130016183 


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 4 March 1949 instead of 3 April 1949.

2.  The applicant states the DOB shown in item 9 (DOB) of his DD Form 214 is incorrect.  The day and month fields have been transposed.

3.  The applicant provides copies of his birth certificate 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.  The applicant's DD Form 398 (Statement of Personal History), dated 31 July 1968, shows his DOB as 4 March 1949.  He was inducted into the Army of the United States on 27 August 1968.

3.  His DD Form 1584 (National Agency Check Request), dated 9 September 1968, shows his DOB as 4 March 1949.

4.  He served as a light weapons infantryman in Vietnam from 1 March 1969 to 28 February 1970 and he was honorably released from active duty on 23 June 1970.

5.  Item 9 of his DD Form 214 shows his DOB as 3 April 1949.

6.  He provided his birth certificate which shows he was born on 4 March 1949.

DISCUSSION AND CONCLUSIONS:

The applicant contends the day and month fields shown on his DD Form 214 are transposed.  His DD Form 398 and DD Form 1584 support his contention.  Based on the foregoing, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as 4 March 1949.

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 current entry in item 9 of his DD Form 214 and replacing it with the entry "4 Mar 49."



      ___________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)                                         AR20130016183



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ABCMR Record of Proceedings (cont)                                         AR20130016183



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