IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110005069
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 show his date of birth (DOB) as 27 July 1948 instead of 27 February 1948.
2. He states the DOB entered on his DD Form 214 is incorrect.
3. He provides his:
* birth certificate
* DD Form 214
* driver's license
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's records show he was inducted into the Army of United States on 20 February 1968. His DD Form 47 (Record of Induction) shows his DOB as 27 July 1948.
3. His records show that prior to induction in the Army, he completed a DD Form 398 (Statement of Personal History) on 17 February 1968. Item 5 (DOB Day, Month, Year) of this document contains the handwritten entry "27 July 1948."
4. In January 1970, the applicant underwent a pre-separation medical examination. The Standard Form 93 (Report of Medical History) and Standard Form 88 (Report of Medical Examination) both show his DOB as 27 July 1948.
5. On 19 February 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows the entry "27 February 1948" in item 9 (DOB).
6. The applicant provided a copy of his birth certificate and driver's license which both show his DOB as 27 July 1948.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 47, Standard Form 93, Standard Form 88, and other documents all show his DOB as 27 July 1948.
2. It appears that an administrative error occurred during the preparation of his DD Form 214 which listed his DOB as 27 February 1948 instead of 27 July 1948. In the interest of justice, it would be appropriate to amend his DD Form 214 to reflect his correct DOB of 27 July 1948.
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 amending item 9 of his DD Form 214 to show his DOB as 27 July 1948.
_______ _ 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.
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