IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080014687
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 10 March 1947 instead of
3 March 1947.
2. The applicant states that his date of birth is incorrect on his DD Form 214.
3. The applicant provides a birth certificate and a copy of his DD Form 214 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 DD Form 398 (Statement of Personal History), dated
19 August 1967; and his induction record, dated 23 August 1967, show he was born on 10 March 1947. He served as a light vehicle driver in Vietnam and was released from active duty on 27 March 1969.
3. Item 9 on the applicants DD Form 214 shows he was born on 3 March 1947.
4. The applicants DA Form 3208 (Worksheet for National Agency Check Request), dated 25 August 1967, shows he was born on 10 March 1947. His Record of Emergency Data, dated 28 August 1967, shows he was born on
10 March 1947. His DA Form 428 (Application for Identification Card), dated
30 August 1967, also shows he was born on 10 March 1947.
5. In support of his claim, the applicant provided a copy of his birth certificate which shows he was born on 10 March 1947.
DISCUSSION AND CONCLUSIONS:
The preponderance of evidence in this case shows the applicant was born on
10 March 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 day entry, 3 in item 9 on his DD Form 214; and
b. adding the day entry, 10 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) AR20080014687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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