BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090010972
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 correction to his date of birth shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states that due to administrative error his date of birth was erroneously entered on his DD Form 214 as 5 May 1954, whereas the actual and true date of birth is 5 April 1954.
3. In support of his application, the applicant provides copies of his DD Form 214, his Certification of Birth, a Social Security Administration form, and a letter from the Homeless Advocacy Project.
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's military records show he enlisted in the United States Army Reserve (USAR) in pay grade E-1 on 5 May 1974, for 6 years. Item 21 (Date of Birth) of his DD Form 4 (Enlistment Contract Armed Forces of the United States), lists his date of birth as 5 April 1954. He entered on active duty for training (ADT) on 31 May 1974.
3. The applicants DA Form 20 (Enlisted Qualification Record), Item 6 (Date of Birth), shows 5 April 1954.
4. The applicant was released from active duty on 8 July 1974. He was issued a
DD Form 214 that shows in item 4 (Date of Birth) his date of birth as 5 May 1954.
5. The applicant submitted a copy of a Commonwealth of Pennsylvania - Department of Health - Vital Records - Certification of Birth, issued on 25 June 2008, that was certified to be a true copy of the original certificate filed in the State of Pennsylvania. This document reflects the applicants same first, middle, and last names and shows a date of birth of 5 April 1954.
6. The applicant also submitted a copy of a Social Security Administration form, showing appointment of a person to act as his representative in connection with his claim. He further submitted a copy a letter from the Homeless Advocacy Project, wherein it was stated that they represented the applicant with regard to his claim for Social Security Disability benefits. The letter also stated that the applicants date of birth is actually 5 April 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his date of birth is incorrect on his DD Form 214 was carefully reviewed and found to have merit.
2. The evidence of record confirms that the entry on his DD Form 214 was due to a typographical error. Therefore, his DD Form 214 should be corrected to show his proper date of birth as 5 April 1954.
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 deleting from item 4 of his DD Form 214 the entry "54 05 05" and replacing it with the entry "54 04 05."
__________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.
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