IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140010191 


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 12 October 1949 instead 10 October 1949.

2.  He states his DOB is incorrectly entered on his DD Form 214.  His correct DOB is 12 October 1949.

3.  He provides his Minnesota driver's license, 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 enlisted in the Regular Army on 30 January 1969.

3.  His service record includes the following documents which show his DOB as 12 October 1949: 

* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
* Enlisted Personnel Data Form 

4.  The remaining documents in his military personnel records show his DOB as 10 October 1949.

5.  He provided a copy of his State of Minnesota driver's license and his birth certificate which both show his DOB as 12 October 1949.

6.  He was released from active duty on 30 October 1970.

7.  The DD Form 214 he was issued shows a different DOB than that listed on his birth certificate.

DISCUSSION AND CONCLUSIONS:

The applicant's service record includes documents which show his DOB as listed on his birth certificate.  However, his DD Form 214 shows a different DOB.  It appears that an administrative error occurred when his DOB was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is recorded on his birth certificate.

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 amending his DD Form 214 to show his DOB as it is recorded on 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)                                         AR20140010191





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ABCMR Record of Proceedings (cont)                                         AR20140010191



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