IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090008989
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 military records be corrected to show his date of birth as 11 August 1952 vice 18 August 1952.
2. The applicant states that he did not know until recently while speaking with a Department of Veterans Affairs (VA) representative that his date of birth on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 June 1971 was incorrect.
3. The applicant provides 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 applicant was inducted into the Army of the United States and he entered active duty on 17 March 1971. His date of birth on his record of induction is listed as 18 August 1952. The applicant was honorably discharged on 17 June 1971.
3. The applicant's date of birth on his DD Form 214 for the period ending
17 June 1971 is listed as 18 August 1952.
4. Numerous documents contained in the applicant's record, such as his DA Form 20 (Enlisted Qualification Record), DD Form 369 (Fingerprint card), DD Form 47 (Record of Induction), and Standard Form (SF) 88 (Report of Medical Examination) show his date of birth as 18 August 1952.
5. Army Regulation 601-210 (Regular Army Enlistment Program) in effect at the time, provided, in pertinent part, that the age of all applicants will be verified from evidence submitted or from official records. Applicants will be required to present birth certificates or statements from the State Registrar of Vital Statistics or other similar state official, or must have such information recorded in official records.
DISCUSSION AND CONCLUSIONS:
The DA Form 20, DD Form 369, DD Form 47, and SF 88, as well as other documents contained in his official records show the applicants date of birth as 18 August 1952. In the absence of a birth certificate or official documentation verifying his "correct" date of birth there is an insufficient basis to approve his request. Therefore, his date of birth contained on the applicants 17 June 1971 DD Form 214 appears to be correct as constituted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X__ _____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20090008989
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ABCMR Record of Proceedings (cont) AR20090008989
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