IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100024283
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 DD Form 214 (Report of Separation from Active Duty) for the period ending 12 September 1977 to show his date of birth (DOB) as 14 January 1950 instead of 14 June 1950.
2. He states he was born on 14 January 1950.
3. He provides a copy of his birth registration card.
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 enlisted in the Regular Army on 11 June 1969 and he was discharged on 8 December 1971 for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows his DOB as 14 January 1950.
3. On 9 December 1971, the applicant reenlisted and was discharged on
29 June 1972 for immediate reenlistment. His DD Form 214, Item 9 (DOB), shows 14 June 1950.
4. On 30 June 1972, he reenlisted and continued to serve until he was discharged on 12 September 1977. His DD Form 214, Item 4 (DOB), shows
14 June 1950.
5. The remaining documents in his service record show his DOB as 14 January 1950.
6. He provided a birth registration card which shows his birth date as 14 January 1950.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was born on 14 January 1950 is acknowledged and supported by the evidence of record.
2. His birth registration card and documents in his service record show his DOB as 14 January 1950. However, his DD Forms 214 for the periods ending 29 June 1972 and 12 September 1977 show his DOB as 14 June 1950.
3. Therefore, it would be appropriate to correct his DOB on his DD Forms 214 for the periods ending 29 June 1972 and 12 September 1977 to show his correct DOB as 14 January 1950.
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:
a. deleting the entry 14 Jun 50 from item 9 of his DD Form 214 for the period ending 29 June 1972 and adding 14 Jan 50; and
b. deleting the entry 50 6 14 from item 4 of his DD Form 214 for the period ending 12 September 1977 and adding 50 1 14.
___________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) AR20100024283
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ABCMR Record of Proceedings (cont) AR20100024283
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