IN THE CASE OF:
BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20100027830
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) to show his date of birth (DOB) as 27 June 1953 instead of 27 January 1953.
2. The applicant states his DD Form 214 lists an incorrect DOB.
3. The applicant provides his DD Form 214 and his birth certificate.
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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 27 June 1953. He authenticated this form by placing his signature in the appropriate place.
3. He enlisted in the RA on 7 December 1970. Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as
27 June 1953.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry into the Army shows his DOB as 27 June 1953.
5. His record contains various personnel, medical, and legal documents that listed his DOB as 27 June 1953. He authenticated several of these documents by placing his signature in the appropriate blocks. There were no documents, other than his DD Form 214, that listed his DOB as 27 January 1953.
6. He was discharged on 23 August 1973. Item 4 (DOB) of his DD Form 214 shows his DOB as "53 01 27" indicating 27 January 1973.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that upon his enlistment in the RA, the applicant listed his DOB as 27 June 1953. This DOB is consistent with the DOB listed on various personnel documents throughout his period of military service. It appears his DD Form 214 erroneously shows the month of his birth as January instead of June. Therefore, he is entitled to correction of his DD Form 214 to show his correct DOB.
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 4 of his DD Form 214 the entry"53 01 27" and replacing it with the entry "53 06 27" indicating 27 June 1953.
___________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) AR20100027830
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ABCMR Record of Proceedings (cont) AR20100027830
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