IN THE CASE OF:	

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000883


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, in effect, 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 27 April 1947 instead of 21 April 1947.

2.  The applicant makes no statement in support of his request.

3.  The applicant provides copies of his DD Form 214 and State of Wisconsin Original Certificate of Birth.

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 22 June 1964.  Item 15 (DOB) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his DOB as 27 April 1947.

3.  Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as 27 April 1947.

4.  He was honorably released from active duty on 13 June 1967 and transferred to the U.S. Army Reserve.  Item 9 (DOB) of his DD Form 214 shows his DOB as 21 April 1947.

5.  His DOB is listed on numerous documents contained within his DA Form 201 (Military Personnel Records Jacket) as 27 April 1947.

6.  The applicant provides his State of Wisconsin Original Certificate of Birth, which shows his DOB as 27 April 1947.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his DOB as 27 April 1947 was carefully considered and was determined to have merit.

2.  The evidence of record shows the applicant consistently listed his DOB as      27 April 1947 throughout his military career.  He now provides a Certificate of Birth that confirms his DOB as 27 April 1947.  

3.  It is reasonable to conclude an administrative error occurred at the time his DOB was recorded on his DD Form 214.  Therefore, and in view of the foregoing, there is a sufficient basis to grant the requested relief in this case.

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 entry "21 Apr 47" from item 9 of his DD Form 214 and replacing it with the entry "27 Apr 47."




      ________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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20150000883



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