IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100020438
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 record to show his date of birth (DOB) as 23 March 1940 vice 23 March 1939.
2. The applicant states his DOB is incorrectly documented in his record.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Standard Certificate of Live Birth, State of Oklahoma
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 applicants military record shows he initially enlisted in the Oklahoma Army National Guard (OKARNG) on 25 February 1957 and continuously served until he was discharged on 24 February 1960 and transferred to the United States Army Reserve (USAR).
3. Item 16 (Date of Birth) of his DD Form 4 (Enlistment Record Armed Forces of the United States) completed during his enlistment process in the OKARNG indicates his DOB is 23 March 1939. The DA Form 20 (Enlisted Qualification Record) lists his DOB as 23 March 1939.
4. On 4 December 1961, under the provisions of Executive Order 10957, the applicant was ordered to active duty as a member of the USAR.
5. The applicants military record includes a DA Form 41 (Record of Emergency Data) completed on 12 December 1961. It lists his DOB as 23 March 1940.
6. His record includes a Standard Form 89 (Report of Medical History) prepared on 8 June 1962. Item 12 (Date of Birth) indicates his DOB as 23 March 1940.
7. On 7 August 1962, the applicant was honorably released from active duty. He had completed 8 months and 3 days of creditable active duty service. Item 6 (Date of Birth) of the DD Form 214 issued at that time shows his DOB as
23 March 1939.
8. He provided a copy of his Certification of Birth, issued on 13 April 1965, showing his DOB as 23 March 1940.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention his DOB incorrectly documented in his military record was carefully considered and was found to have merit.
2. The evidence of record shows at the time he entered the Army, his DOB was listed as 23 March 1939. His military records also contain official documents which list his DOB as 23 March 1940. He now provides a Certificate of Live Birth which confirms his DOB as 23 March 1940.
3. The applicants DOB is listed differently on multiple official documents throughout his military record. His military record should be corrected at this time to consistently document his DOB throughout his military record to show 23 March 1940, his actual date of birth as recorded on birth certificate.
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, in particular his DD Form 214, be corrected by showing his date of birth as 23 March 1940.
_______ _ __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) AR20100020438
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ABCMR Record of Proceedings (cont) AR20100020438
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