BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090019205
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 of his records to show his correct date of birth (DOB).
2. The applicant states he does not know the reason for the error.
3. The applicant provides:
* orders transferring him to the Retired List
* a copy of his 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant entered active duty on 17 July 1945 and continued to serve on active duty until his retirement on 31 January 1969.
3. The record includes the following documents, each signed by the applicant:
* a WD AGO Form 21 (Enlistment Record) showing a DOB of 30 March 1927
* a WD AGO Form 20 (Soldier's Qualification Record) showing a DOB of 30 March 1927
* a DA Form 20 (Enlisted Qualification Record) showing a DOB of 31 March 1927
* a WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) showing a DOB of 31 March 1927
* three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) showing a DOB of 31 March 1927
4. The applicant provides a Certificate of Birth showing his DOB as 30 March 1927.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show his correct date of birth is supported by the evidence.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information must reflect the conditions and circumstances that existed at the time the records were created.
3. The applicant's signature on his DA Form 20, WD AGO Form 53, and DD Forms 214 indicates he reviewed and verified the information on these forms. However, a WD AGO Form 21 and WD AGO Form 20 show the DOB on the Certificate of Birth he provides. The evidence indicates administrative error in recording his DOB on his DA Form 20, WD AGO Form 53, and DD Forms 214, and he is entitled to correction of his records.
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 changing his DOB to 30 March 1927.
___________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) AR20090019205
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ABCMR Record of Proceedings (cont) AR20090019205
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