IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080010926
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 that item 4 (Date of Birth) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 April 1976 be corrected to show 6 December 1925 instead of 7 December 1928. He also requests, in effect, that his name be corrected on a citation for the Army Commendation Medal.
2. The applicant states that his date of birth is incorrect on this DD Form 214.
3. The applicant provides a copy of his birth certificate; a copy of his DD Form 214 for the period ending 30 April 1976; and a citation for the Army Commendation Medal.
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 47 (Record of Induction), dated 20 November 1950, shows the name Gilberto V___- Del C____ and his date of birth is shown as
6 December 1928. He was inducted on 20 November 1950 and honorably discharged on 13 October 1952. He enlisted in the Regular Army on 14 October 1952 and was honorably discharged on 30 June 1956. He reenlisted on 1 July 1961 and remained on active duty through continuous reenlistments until he retired on 30 April 1976 in the rank of sergeant first class.
3. Item 1 (Last Name-First Name-Middle Name) on the applicants DD Form 214 for the period ending 30 April 1976 shows the name Gilberto V____ - Del C_______. Item 4 on this DD Form 214 shows his date of birth is 7 December 1928.
4. All of the applicants service personnel records show the name Gilberto V____ - Del C_______. His service personnel records show two different dates of birth, 6 December 1928 and 7 December 1928.
5. The applicant provided a copy of his birth certificate that shows his date of birth as 6 December 1925.
6. The applicant provided a citation for the Army Commendation Medal for meritorious achievement for the period 3 July 1970 to 8 November 1970 which shows the name Delc_______ G. V____.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants service personnel records show two 1928 dates of birth, his birth certificate shows that he was born on 6 December 1925. There appears to be no reason to believe he is requesting the correction for unlawful purposes. Therefore, it would be appropriate to correct item 4 on his DD Form 214 to show his date of birth is 6 December 1925.
2. The applicants name is incorrect on the 1970 citation for the Army Commendation Medal. However, since this citation format is no longer available, a new certificate for the Army Commendation Medal which includes the citation should be issued.
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 4 on his DD Form 214 for the period ending
30 April 1976;
b. adding the entry, 25 12 06 in item 4 on his DD Form 214; and
c. issuing him a new certificate and citation for the Army Commendation Medal for meritorious achievement for the period 3 July 1970 to 8 November 1970 showing his name as Gilberto V___- Del C____.
_______xxxx___________
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.
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