BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110010000 


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 the date of birth and middle name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states his date of birth is incorrectly shown as 27 April 1941 and should be shown as 27 April 1940.  Also, his middle name is shown as "L_r__" and it should be shown as "L_b__."  He discovered the error when he was reviewing his DD Form 214.

3.  He provides:

* birth certificate and notification of birth registration
* DD Form 214
* Honorable Discharge 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 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.  He provides a copy of a State of Louisiana Bureau of Vital Statistics certificate of live birth issued on 28 April 2011 that was certified to be a true copy of the original certificate filed in the State of Louisiana.  This document identifies a male registrant with the same first and last name as the applicant and middle name of "L_b__" was born on 27 April 1940.

3.  His military records show he enlisted in the Regular Army on 18 August 1959 for 3 years.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlisted Record - Armed Forces of the United States) lists his middle name as "L_b__".  Item 41 (Oath of Enlistment) also shows he signed his middle name as "L_b__."  His DD Form 4 further lists his date of birth as 27 April 1941.

4.  His DA Form 20 (Enlisted Qualification Record) and several documents in his record show he was identified by his first and last name with only the first initial of his middle name.  His DA Form 20 lists his date of birth as 27 April 1940.

5.  A DD Form 93 (Record of Emergency Data), dated 15 August 1960, lists his date of birth as 27 April 1940.

6.  He was honorably released from active duty on 3 August 1962 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

7.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 lists his middle name as "L_r__."  Item 6 (Date of Birth) of his DD Form 214 shows his date of birth as 27 April 1941.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on 18 August 1959.  His DD Form 4 and several documents in his record show his middle name as "L_b__."  His signature on his DD Form 4 also shows his middle name as "L_b__."  Therefore, he is entitled to correction of item 1 of his DD Form 214 to show his middle name as "L_b__."

2.  There are documents in his records that show his date of birth as 27 April 1970.  Those documents together with the documents submitted by the applicant are sufficient to show his date of birth is 27 April 1940.  Therefore, he is entitled to correction of item 6 of his DD Form 214 to show his date of birth as 27 April 1940.
3.  In view of the foregoing, his records should be corrected as recommended below.

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 items 1 and 6 of the applicant's DD Form 214 to show the same middle name and date of birth as shown on his birth certificate.



      ___________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)                                         AR20110010000



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ABCMR Record of Proceedings (cont)                                         AR20110010000



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