IN THE CASE OF:
BOARD DATE: 02 OCTOBER 2008
DOCKET NUMBER: AR20080012192
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 his date of birth (DOB) and the date he entered active duty on his DD Form 214 be corrected to reflect the correct dates.
2. The applicant states that his DD Form 214 incorrectly reflects his DOB as 15 June 1948, when his DOB is actually 15 January 1948. His DD Form 214 also reflects that he entered active duty on 28 January 1971, when it was actually 28 June 1971.
3. The applicant provides a copy of his birth certificate and DD Form 214.
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 applicant enlisted in the Regular Army in Houston, Texas on 28 January 1971 for a period of 3 years. At the time of his enlistment, all enlistment documents indicate that his DOB is 15 January 1948.
3. He was transferred to Fort Polk, Louisiana to undergo his basic combat training (BCT). He successfully completed his BCT and was transferred to Fort Sill, Oklahoma on 2 April 1971 to undergo training as a supply clerk with the 17th Ordnance Company. He remained at Fort Sill until 25 September 1972 when he was transferred to Korea.
4. On 26 March 1973, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He had served 2 years, 1 month and 29 days of total active service and had 10 days of lost time due to AWOL. His DD Form 214 issued at the time of his discharge indicates that his DOB (block 9) was 15 June 1948 and his date of entry (block 17c) was 28 January 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB is incorrectly reflected on his DD Form 214 has been noted and found to have merit. The applicants records clearly show that his DOB is 15 January 1948 and not 15 June 1948, as indicated. Accordingly, it would be in the interest of justice to correct his DOB at this time.
2. However, the applicants contention that his date of entry in block 17c of his DD Form 214 should be 28 June 1971 instead of 28 January 1971 appears to lack merit. The applicants enlistment contract shows very clearly that he entered active duty on 28 January 1971 and by June 1971, he was serving at Fort Sill. Accordingly, there appears to be no basis to change that entry.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX __ __XXX__ __XXX__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 9 of his DD Form 214 that his DOB is 15 January 1948.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his date of entry to 28 June 1971.
___ XXX ___
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) AR20080012192
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ABCMR Record of Proceedings (cont) AR20080012192
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