IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20100030153
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 the date of birth (DOB) listed on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he incorrectly used the birth registration date (14 March 1946) instead of his DOB (8 March 1946) when he entered the military.
3. The applicant provides a copy of his 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 applicants record shows he was inducted into the Army of the United States on 12 January 1966. The documents in his Military Personnel Records Jacket that contain a DOB list his DOB as 14 March 1946 or 14 March 1947.
3. The applicant's DD Form 47 (Record of Induction) and Standard Form 88 (Record of Medical Examination) list his DOB as 14 March 1946. Both documents were prepared during his induction processing.
4. The applicant's DA Form 20 (Enlisted Qualification Record) that was prepared upon entry on active duty lists his DOB as 14 March 1947.
5. On 18 January 1968, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 1 year, 11 months, and 27 days of creditable active military service. His DD Form 214, item 9 (DOB), lists
14 March 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his DOB as
8 March 1946. The data and information contained in Army records should reflect the conditions and circumstances that existed at the time the records were created; therefore, ordinarily the Army would not change a DOB under which a member performed military service. However, in this case given that there was an inconsistency in the DOB recorded at the time of the applicant's induction process it would be appropriate to correct his DD Form 214 to reflect the DOB that is recorded on his birth certificate.
2. The applicant provides a birth certificate that confirms his DOB as 8 March 1946, and shows the birth registration date of 14 March 1946, which appears to be the date incorrectly used as his DOB upon his induction. As a result of the inconsistencies in the DOB used during his military service it would be appropriate and serve the interest of equity to correct his DD Form 214.
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 amending item 9 of his DD Form 214 by deleting the current entry and adding
8 March 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) AR20100030153
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