IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029277
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 that his date of birth (DOB) be changed from 10 October to 5 October 1946. He also requests that his records be corrected to show he elected to terminate participation in the Survivor Benefit Plan (SBP).
2. He states he has SBP spouse coverage, but his wife died on 13 September 2010.
3. He provides his birth certificate and his wifes death 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. The applicant requests termination of his participation in the SBP due to the death of his wife on 13 September 2010. A copy of his spouses death certificate was forwarded to the Defense Finance and Accounting Service and that agency will take administrative action to suspend his SBP coverage. The applicant has been notified by separate correspondence of this action. As a result, this portion of his request will not be discussed further in this Record of Proceedings.
3. On 19 May 1966, the applicant was inducted into the Army of the United States. The following documents in his Army military personnel record show his DOB as 5 October 1946:
* DA Form 41 (Record of Emergency Data)
* DD Form 398 (Statement of Personal History)
* DA Form 3027 (U.S. Army Request for National Agency Check)
* VA Form 07-3101 (Request for Information)
4. On 17 May 1968, he was released from active duty and transferred to the U.S. Army Reserve ((USAR) Control Group Annual Training) on the following day.
5. Item 9 (DOB) of his DD Form 214 shows his DOB as 10 October 1946.
6. He enlisted in the Army National Guard on 19 August 1975.
7. The following documents in his National Guard military personnel record show his DOB as 5 October 1946:
* Standard Form 88 (Report of Medical Examination)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DD Form 1172 (Application for Uniformed Services Identification Card Defense Enrollment Eligibility Reporting System (DEERS) Enrollment)
8. He was discharged on 1 January 1996. On the following day, he was assigned to the USAR Control Group (Retired). His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his DOB as 10 October 1946.
9. The remaining documents in his military personnel file show his DOB as 10 October 1946.
10. He provided a copy of his birth certificate which shows his DOB as 5 October 1946. This document was filed on 10 October 1946.
DISCUSSION AND CONCLUSIONS:
The applicants DOB appears both as 5 October 1946 and 10 October 1946 in his military personnel records. However, his birth certificate shows his DOB as 5 October 1946 and it was filed on 10 October 1946. This document is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 5 October 1946.
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 from item 9 of his DD Form 214 "10 Oct 1946"; and
b. adding to item 9 of his DD Form 214 "5 Oct 1946."
_______ _ __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) AR20100029277
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029277
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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