BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100028982
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 item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born on 9 June 1956.
2. The applicant states:
* the month is wrong
* it should be June not July
3. The applicant provides:
* birth certificate
* 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 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. His enlistment contract, dated 25 February 1977, shows he was born on
9 June 1956. He enlisted in the Regular Army on 31 May 1977 for a period of
3 years. He completed his training and was awarded military occupational specialty 76Y (unit supply specialist). On 1 December 1982, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 5 of his DD Form 214 shows he was born on 9 July 1956.
4. His DD Form 1584 (Department of Defense National Agency Check Request), dated 25 February 1977, shows he was born on 9 June 1956.
5. His DA Form 2-1 (Personnel Qualification Record - Part I), prepared on
16 April 1982, shows he was born on 9 June 1956.
6. In support of his claim, he provided a birth certificate which shows he was born on 9 June 1956.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 9 June 1956 and his birth certificate supports this contention. His 1977 enlistment contract and other service personnel records also show he was born on 9 June 1956.
2. Based on the foregoing, it would be appropriate to correct item 5 of his
DD Form 214 to show his date of birth is 9 June 1956.
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 5 of the applicant's DD Form 214 the entry "560709" and adding "560609."
_______ _ 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) AR20100028982
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028982
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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