IN THE CASE OF:  	

		BOARD DATE:  22 October 2015	    

		DOCKET NUMBER:  AR20150003226


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 3 February 1948 instead of 3 March 1948.

2.  The applicant states his DOB is incorrect.  

3.  The applicant provides copies of his DD Form 214, his New York City Certification of Birth, and his Department of Veterans Affairs healthcare enrollee identification card.

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 22 April 1966.  Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 3 February 1948.

3.  The applicant was honorably released from active duty on 14 April 1968.  Item 9 (DOB) of his DD Form 214 shows his DOB as 2 March 1948.

4.  The applicant's DOB is listed on numerous documents contained within his military personnel records jacket as 3 February 1948.

5.  The applicant provides his New York City Certification of Birth, which shows his DOB as 3 February 1948.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant consistently listed his DOB throughout his military career as 3 February 1948.  He now provides his birth certificate, which confirms his DOB as 3 February 1948.  His DOB is listed differently on his DD Form 214; therefore, his DD Form 214 should be corrected to present a proper and factual record of his true DOB.  

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 from item 9 of his DD Form 214 the entry "2 Mar 48" and replacing it with the entry "3 Feb 48."




      ____________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)                                         AR20150003226



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