IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110006314
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 item 9 (Date of Birth [DOB]) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* His DOB is wrong on his DD Form 214
* His DOB is 25 March 1948 not 25 May 1948
3. The applicant provides:
* Birth certificate
* 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. His Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination), dated 29 January 1968, show he was born on 25 March 1948.
3. His enlistment contract, dated 31 January 1968, shows he was born on
25 March 1948. He enlisted in the U.S. Army Reserve Control Group Delayed Entry Program on 31 January 1968 for a period of 6 years.
4. His enlistment contract, dated 6 May 1968, shows he was born on 25 May 1948. He enlisted in the Regular Army on 6 May 1968 for a period of 3 years. He served as an administrative specialist.
5. His SF 88 and SF 89, dated 2 March 1971, show he was born on 25 March 1948
6. On 5 May 1971, he was released from active duty.
7. Item 9 of his DD Form 214 shows he was born on 25 May 1948.
8. In support of his claim, he provided a birth certificate, issued on 30 September 2010, which shows he was born on 25 March 1948.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 25 March 1948 and his birth certificate shows he was born on this date.
2. The preponderance of evidence in this case shows he was born on 25 March 1948. Therefore, it would be appropriate to correct item 9 on his DD Form 214 to show this date.
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 deleting the entry "25 MAY 48" in item 9 of his DD Form 214 and replacing it with the entry "25 MAR 48."
_______ _ 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) AR20110006314
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110006314
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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