IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022430
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 [DOB]) of his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he was born on 9 October 1951 not 9 October 1952.
3. The applicant provides a birth certificate in support of 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's DD Form 398 (Statement of Personal History), dated
11 August 1970, and his enlistment record show he was born on 9 October 1951. He enlisted in the Regular Army on 22 September 1970 for a period of
3 years. He served as a unit supply specialist in Vietnam. On 7 August 1972, he was discharged under honorable conditions.
3. Item 9 of his DD Form 214 shows he was born on 9 October 1952.
4. All of the applicant's service personnel records show he was born on
9 October 1951.
5. In support of his claim, he provided a birth certificate, issued on 16 August 2010, that shows he was born on 9 October 1951.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 9 October 1951 and his birth certificate shows he was born on this date.
2. Since all documents in his service personnel record containing a date of birth show the date 9 October 1951, it would be appropriate to correct item 9 of his DD Form 214 to show this date.
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 the applicant's DD Form 214 the entry "9 OCT 1952" and adding "9 OCT 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) AR20100022430
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ABCMR Record of Proceedings (cont) AR20100022430
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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