RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20080000027
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born in December instead of September.
2. The applicant states, in effect, that the wrong date of birth is shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a record 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants DD Form 1966 (Application for Enlistment), dated 26 January 1976, shows he was born on 17 December 1956. The entry, Sep [September] was crossed through and the entry, Dec [December] was entered in item
11 (Date of Birth) on his DD Form 1966. His enlistment contract shows he was born on 17 September 1956.
3. The applicant enlisted on 12 February 1976, served as a power generator and wheel vehicle mechanic, and was released from active duty on 11 February 1980.
4. Item 5 on the applicants DD Form 214 shows he was born on 17 September 1956.
5. The applicants Record of Emergency Data, dated 11 December 1978, shows he was born on 17 December 1956. His DA Form 2-1 (Personnel Qualification Record) also shows he was born on 17 December 1956. His Standard Form
88 (Report of Medical Examination), dated 3 December 1979, also shows he was born on 17 December 1956.
6. In support of his claim, the applicant provided a record of birth which shows he was born on 17 December 1956.
DISCUSSION AND CONCLUSIONS:
The preponderance of evidence in this case shows the applicant was born on
17 December 1956. Therefore, it would be appropriate to correct item 5 on his DD Form 214 to show this date.
BOARD VOTE:
XX_____ ___XX___ ___XX __ 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:
a. deleting the entry in item 5 on his DD Form 214; and
b. adding the entry, 561217 in item 5 on his DD Form 214.
___ XX_______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000027
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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