IN THE CASE OF:	   

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018831 


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 his date of birth (DOB) be changed to 5 January XXXX on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 April 1962.

2.  The applicant states the month and day of his DOB are incorrect.  Apparently January 5 (01/05) was transposed as May 1 (05/01) when his discharge was typed up.  He noticed the error when he recently filed for benefits with the Department of Veterans Affairs.

3.  The applicant provides no additional evidence in support of his application.

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.  On 16 February 1960, he was inducted into the Army of the United States.  Item 5 (DOB) of his DD Form 47 (Record of Induction) contains the entry,
"1 5 37" (1 May XXXX).

3.  The following documents in his official military personnel file show his DOB as 5 January XXXX:

* DA Forms 873 (Certificate of Clearance and/or Security Determination under EO 10450), dated 30 January 1962 and 20 March 1962
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)

4.  On 13 April 1962, he was released from active duty.  Item 6 (DOB) of his
DD Form 214 shows his DOB as 1 May XXXX.

DISCUSSION AND CONCLUSIONS:

Although his DD Form 47 shows his DOB as 1 May XXXX, numerous documents in his military records show his DOB as 5 January XXXX.  There is sufficient evidence to show he served using the DOB 5 January XXXX.  Therefore, his DD Form 214 should be corrected to show his DOB as 5 January XXXX as it is listed on his DA Form 20.

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 the DOB entry in item 6 of his DD Form 214, effective 13 April 1962, and adding 5 January XXXX.



      _______ _   __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)                                         AR20140018831



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ABCMR Record of Proceedings (cont)                                         AR20140018831



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