IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000506
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 item 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was born on 24 December 1951 instead of 24 January 1951.
2. The applicant states he suspects a typographical error was made during the preparation of his DD Form 214.
3. The applicant indicates he was providing a copy of his birth certificate; however, none was received with 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 on 26 January 1971. His DD Form 47 (Record of Induction), DD Form 1584 (National Agency Check Request), DA Form 20 (Enlisted Qualification Record), and all other official personnel and medical record documents show he was born on
24 December 1951.
3. The applicant was honorably released from active duty (REFRAD) on 1 September 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
4. The DD Form 214 he was issued shows his date of birth as 24 January 1951.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge, or retirement. It states that for item 9, the entry was self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. Clearly there was an administrative error made during the preparation of the applicant's DD Form 214 which resulted in the incorrect date of birth entry, specifically the month of his birth.
2. All documents in his military personnel and medical records that contain his date of birth shows 24 December 1951. Therefore, his DD Form 214 should be corrected to show his date of birth as 24 December 1951.
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 9 of his DD Form 214 the entry "24 Jan[uary] 1951" and replacing it with the entry "24 Dec[ember] 1951.
___________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) AR20100000506
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ABCMR Record of Proceedings (cont) AR20100000506
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