IN THE CASE OF:
BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004801
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 date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DOB is 6 June 1949 (sic), but his DD Form 214 shows his DOB as 6 July 1949.
3. He provides a Certification of Birth 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. According to his birth certificate issued by the State of Florida, Office of Vital Statistics, the applicant was born in Indian River County (FL) on "6/07/49" and the birth was registered (date filed) on "6/16/49."
3. The applicant was inducted into the Army of the United States on 12 August 1969. He was honorably released from active duty on 12 August 1971 after completing 1 year, 11 months, and 24 days of total active service.
4. The applicant's service records show:
* a DD Form 47 (Record of Induction) shows his DOB as 7 June 1949
* a DD Form 398 (Statement of Personal History) which he completed during his induction processing shows his DOB as 7 June 1949
* item 9 (DOB) of his DD Form 214 shows the DOB 6 July 1949
5. With the exception of his DD Form 214, his service records show his DOB was consistently entered as 7 June 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicant has requested correction of his DD Form 214 to show the DOB 6 June 1949 (sic). However, he has provided a birth certificate showing his DOB as "6/07/49." Since the "date filed" shown on his birth certificate is "6/16/49", it is apparent the document uses the month/day/year format, thus his DOB is 7 June 1949, not 6 June 1949. It appears he made an error in his application.
2. His records show his DOB was correctly recorded as 7 June 1949 when he entered military service, but when the DOB was entered on his DD Form 214, the month and day were transposed. He is entitled to correction of his DD Form 214 to show his DOB as 7 June 1949.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting "6 JUL 49" from item 9 of his DD Form 214 and adding "7 JUN 49".
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the entry in item 9 of his DD Form 214 to "6 JUN 49."
_______ _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) AR20110004801
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ABCMR Record of Proceedings (cont) AR20110004801
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