IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080014414
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 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 1958 instead of 1956.
2. The applicant states that he was born on 14 June 1958 not on 14 June 1956 as recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a Wisconsin driver license; a birth certificate; a record of birth, and a Social Security 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 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 30 March 1976, shows he was born on 14 June 1958. His enlistment contract shows he was born on 14 June 1958.
3. The applicant enlisted in the Regular Army on 18 June 1976, served as a metal worker, and was released from active duty on 17 June 1980.
4. Item 5 on the applicants DD Form 214 shows he was born on 14 June 1956.
5. The applicants DA Form 2-1 (Personnel Qualification Record) shows he was born on 14 June 1958. His Standard Forms 88 (Report of Medical Examination), dated 30 March 1976 and 20 May 1980, also show he was born on 14 June 1958.
6. In support of his claim, the applicant provided a record of birth which shows he was born on 14 June 1958.
DISCUSSION AND CONCLUSIONS:
The preponderance of evidence in this case shows the applicant was born on
14 June 1958. Therefore, it would be appropriate to correct item 5 on his DD Form 214 to show this date.
BOARD VOTE:
___x_____ ____x____ __x______ 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, 580614 in item 5 on his DD Form 214.
_______ _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) AR20080014414
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ABCMR Record of Proceedings (cont) AR20080014414
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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