IN THE CASE OF:
BOARD DATE: 7 July 2009
DOCKET NUMBER: AR20090002558
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 the year of his date of birth (DOB) be changed from 1929 to 1928 in Block 10 (Date of Birth) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that Block 10 indicates his year of birth as 1929 when he was actually born in 1928.
3. The applicant provides a copy of his birth certificate and 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 military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 4 March 1953 and was separated on 3 March 1955.
4. Item 10 on his DD Form 214 shows his DOB as 3 November 1929.
5. The applicant provided a copy of his birth certificate which shows his DOB as 3 November 1928.
DISCUSSION AND CONCLUSIONS:
The applicant's birth certificate shows his DOB is 3 November 1928. His DD Form 214 reflects his DOB as 3 November 1929. At this point in time, he would not be gaining any advantage by misrepresenting his year of birth. Therefore, the birth certificate is accepted as sufficient evidence on which to correct of his records to show his DOB as 3 November 1928.
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 amending his DD Form 214 to show his DOB as 3 November 1928.
_______ _ X_______ ___
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) AR20090002558
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ABCMR Record of Proceedings (cont) AR20090002558
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