IN THE CASE OF:    

		BOARD DATE:  16 April 2015	  

		DOCKET NUMBER:  AR20140015498 


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 XX August 1948 instead of XX April 1948.

2.  The applicant states his DOB is incorrect on his DD Form 214.

3.  The applicant provides:

* birth certificate
* 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 was inducted into the Army of the United States on 16 May 1968.

3.  His DD Form 1584 (National Agency Check Request), dated 24 May 1968, shows his DOB as XX August 1948.

4.  On 12 April 1970, he was honorably released from active duty.

5.  Item 9 (DOB) of his DD Form 214 shows his DOB as "XX APR 48."

6.  He provided a copy of his birth certificate which shows his DOB as XX August 1948.

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on XX August 1948 and his DD Form 1584 shows his correct DOB was recorded in his record while he was serving on active duty.  Therefore, the evidence of record is sufficient to correct his DD Form 214 to show his DOB as XX August 1948 instead of XX April 1948.

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 DOB entry in item 9 of his DD Form 214 and replacing it with the entry "XX AUG 48," as listed on his DD Form 1584.



      _______ _   _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)                                         AR20140015498



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ABCMR Record of Proceedings (cont)                                         AR20140015498



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