IN THE CASE OF:
BOARD DATE: 04 March 2010
DOCKET NUMBER: AR20090016058
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 5 December 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth as 4 October 1946 vice 4 October 1967.
2. The applicant states he believes the wrong date was a typographical error.
3. The applicant provides a copy of his DD Form 214 and certificate of birth.
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 records show he was inducted in the Army of the United States on 6 December 1965. His date of birth was listed as 4 October 1946. The applicant was honorably released from active duty on 5 December 1967.
3. The applicant's DD Form 214 shows his date of birth as 4 October 1967.
4. The applicant provided his Pennsylvania Notification of Birth Registration which shows his date of birth as 4 October 1946.
5. The documents contained in the applicant's military record such as his Record of Induction, Report of Medical History, Report of Medical Examination, Immunization Record, and DA Form 20 (Enlisted Qualification Record) show his date of birth as 4 October 1946.
DISCUSSION AND CONCLUSIONS:
The documents contained in the applicant's records verify that his date of birth is 4 October 1946. Therefore, the applicants 5 December 1967 DD Form 214 should be corrected to show his date of birth as 4 October 1946 instead of
4 October 1967.
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 showing his date of birth on his 5 December 1967 DD Form 214 as 4 October 1946.
_______ _ 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) AR20090016058
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ABCMR Record of Proceedings (cont) AR20090016058
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