IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110006855
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 28 Jxxx xxxx.
2. He states his DOB is incorrectly shown on his DD Form 214. He needs this date corrected for his gravestone and burial in a local Veterans Cemetery.
3. He provides a copy of his birth certificate.
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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 18 October 1966. This document incorrectly shows his DOB as 29 Sxxxxxxxx xxxx.
3. The applicant's record also contains the following documents that show his DOB as 28 Jxxx xxxx:
* DD Form 398 (Statement of Personal History) that was completed prior to induction
* DA Form 428 (Application for Identification Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
4. On 17 October 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His
DD Form 214, item 9 (DOB), lists 29 Sxxxxxxxx xxxx.
5. He provided a copy of his birth certificate which shows his DOB is 28 Jxxx xxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrectly entered on his DD Form 214 was carefully considered and found to have merit.
2. The applicant's Record of Induction shows his DOB is listed as
29 Sxxxxxxxx xxxx; however, prior to induction he completed a DD Form 398 that shows his DOB as 28 Jxxx xxxx. His record also contains a DA Form 428 and DA Form 873 which all list his DOB as 28 Jxxx xxxx.
3. In view of the foregoing, his DD Form 214 should be corrected to show his DOB is 28 Jxxx xxx as it is listed on his DA Form 873.
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 amending Item 9 of his DD Form 214 by deleting the current entry and adding the DOB as it is listed on his DA Form 873.
_______ _ 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) AR20110006855
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110006855
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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