IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001686
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 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his date of birth (DOB) as 12 May 1950.
2. The applicant states his DD Form 214 incorrectly reflects his DOB as 12 November 1950 when, in fact, his DOB is 12 May 1950.
3. The applicant provides copies of his DD Form 214, driver's license, and two birth certificates.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States in Chicago, Illinois, on 19 May 1970. At the time of his induction, his DD Form 47 (Record of Induction) was prepared to reflect a DOB of 12 November 1950.
3. He completed one-station unit training as a light weapons infantryman at Fort Lewis, Washington, and was transferred to Vietnam on 19 October 1970. He departed Vietnam on 19 August 1971 and was transferred to a hospital in Japan and then to a Naval Hospital at Great Lakes, Illinois, until 17 November 1971 when he was transferred to Fort Leonard Wood, Missouri.
4. On 30 December 1971, he was honorably released from active duty. He completed 1 year, 7 months, and 12 days of active service and his DD Form 214 shows his date of birth as 12 November 1950.
5. A review of his official records shows the applicant indicated his DOB on numerous documents throughout his records as 12 May 1950.
6. A review of the documents submitted by the applicant all reflect his DOB as 12 May 1950.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information from official records that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrectly reflected on his DD Form 214 has been noted and is found to have merit.
2. While the applicant's induction record reflects a DOB of 12 November 1950, documents throughout his records reflect a DOB of 12 May 1950. Accordingly, it appears that an administrative error occurred at the time of his induction that resulted in an incorrect DOB being reflected in his official records.
3. Accordingly, it would be in the interest of justice at this time to correct his DD Form 214 to show his DOB as 12 May 1950 instead of 12 November 1950.
BOARD VOTE:
__X_____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the entry "12 NOV 50" from block 9 (Date of Birth) of his DD Form 214
* adding the entry "12 MAY 50" to block 9 of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110001686
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ABCMR Record of Proceedings (cont) AR20110001686
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