BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100019782
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 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 16 June 1952 vice 18 June 1952.
2. The applicant states his DOB is 16 June 1952, but his DD Form 214 shows his DOB as 18 June 1952. He reported the error to his commander when he was being discharged, but the correction was not made.
3. The applicant provides a copy of his birth certificate and his DD Form 214.
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's records show he was born on 16 June 1952.
3. He enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 17 September 1975. On the DD Form 1966 (Application for Enlistment Armed Forces of the United States) he filled out in conjunction with his enlistment, dated 16 September 1975, he listed his DOB as 16 June 1952. However, item 7 (Date of Birth) of his DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 17 September 1975, shows his DOB as 18 June 1952.
4. On 28 September 1975, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 16 June 1952. He authenticated this form by placing his signature in the appropriate block.
5. On 7 October 1975, he enlisted in the Regular Army. DD Form 4c (Enlistment or Reenlistment Agreement Continuation Sheet) shows his DOB as 16 June 1952. He authenticated this form by placing his signature in the appropriate block.
6. His DA Form 428 (Application for Identification Card), dated 1 November 1976, shows his DOB as 16 June 1952.
7. His DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 March 1978, shows his DOB as 16 June 1952.
8. On 3 October 1979, he was honorably released from active duty. The DD Form 214 he was issued shows he completed 3 years, 11 months, and 27 days of total active service. Item 5 of this form shows his DOB as 18 June 1952.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was born on 16 June 1952. Throughout his active duty service his DOB was listed as 16 June 1952. It appears when he enlisted in the USAR DEP his DOB was inadvertently listed as 18 June 1952 and his DD Form 214 also inadvertently listed his DOB as 18 June 1952. Therefore, his is entitled to correction of his DD Form 214 to show his DOB as 16 June 1952.
BOARD VOTE:
____x___ __x____ __x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 5 of his DD Form 214 the entry "520618" and adding the entry "520616."
___________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) AR20100019782
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