IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080013093
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 9 (Date of Birth) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show he was born in June instead of January.
2. The applicant states, in effect, that his date of birth is incorrect; he was born in June not January.
3. The applicant provides no additional evidence in support of his application.
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 induction record, 13 September 1966, shows he was born on 2 June 1947. He served as a machinist in Vietnam and was released from active duty on 5 September 1968.
3. Item 9 on the applicants DD Form 214 shows he was born on 2 January 1947.
4. The applicants DA Form 3027 (U.S. Army Request for National Agency Check), dated 16 September 1966, shows he was born on 2 June 1947. His DD Form 398 (Statement of Personal History), dated 13 April 1967, shows he was born on 2 June 1947. His Record of Emergency Data, dated 13 December 1967, shows he was born on 2 June 1947. His DA Form 428 (Application for Identification Card), dated 22 January 1968, also shows he was born on 2 June 1947.
DISCUSSION AND CONCLUSIONS:
The preponderance of evidence in this case shows the applicant was born on
2 June 1947. Therefore, it would be appropriate to correct item 9 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, JAN [January] in item 9 on his DD Form 214; and
b. adding the entry, JUN [June] in item 9 on his DD Form 214.
_______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.
ABCMR Record of Proceedings (cont) AR20080013093
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080013093
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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