IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20110000995
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) on his DD Form 214 (Report of Separation from Active Duty) to 22 March 1951.
2. The applicant states an incorrect DOB was entered on his DD Form 214.
3. The applicant provides copies of a certified copy of birth record from Miller-Davis County, Minneapolis, MN, and his 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. The applicant enlisted in the Regular Army on 7 July 1969. On his DD Form 398 (Statement of Personal History) the applicant indicated [in his own hand] that his DOB was 22 March [emphasis added] 1951. However, the typed DD Form 4 (Enlistment Contract) shows his DOB as 22 November 1951.
3. His DD Form 214 shows in Item 9 (Date of Birth) 22 November 1951.
4. In support of his application, the applicant provides a copy of a certified copy of birth record from Miller-Davis County, Minneapolis, MN. The date of birth is listed as 22 March 1951.
5. His DA Form 428 (Application for Identification Card), DD Form 1584 (National Agency Check Request), DD Form 398 (Statement of Personal History), SF 88 (Report of Medical Examination), and DA Form 20 (Enlisted Qualification Record) all list his DOB as 22 March 1951.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Section III, provides instruction for preparation of the DD Form 214. The instructions for item 9 state, "Self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. Records show that the DD Form 4, prepared when the applicant enlisted in the Army, shows his DOB as 22 November 1951. He provides evidence that his DOB is 22 March 1951.
2. The evidence shows he used the DOB of 22 March 1951 during his service; however, it appears clerical errors were made when the DOB of 22 November 1951 was entered on his DD Form 4 and DD Form 214.
3. In view of the above, it would be appropriate to correct his records to show his DOB as 22 March 1951.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 9 of his DD Form 214 the entry 22 November 1951, and adding to item 9 the entry 22 March 1951.
_______ __ 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) AR20090002251
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