BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110010649
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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his birth year as "1946."
2. The applicant states his DD Form 214 lists the wrong birth year.
3. The applicant 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 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 enlisted in the Regular Army on 14 September 1965. He completed training and was awarded military occupational specialty 72B (Radio Message Router). The highest rank/grade he attained while serving on active duty was specialist four/E-4. He was honorably released from active duty on 3 September 1969. He completed 3 years, 11 months, and 20 days of active military service.
3. The applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) contains the following:
* item 8 (Date Enlisted) shows he enlisted on 14 September 1965
* item 15 (Date of Birth) shows his birth date as 3 April 1946
4. Item 6 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his date of birth as 3 April 1946.
5. The applicant's DD Form 214 shows his date of birth as "3 APR 69," the same year he was separated.
6. The applicant provides a copy of his birth certificate which shows he was born in 1946.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the day, month, and year of birth would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change his birth year on his DD Form 214 was carefully considered and determined to have merit.
2. The evidence from his records and his birth certificate show his birth year as 1946. Therefore, he is entitled to have his DD Form 214 corrected to show his birth year as "46."
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 his DD Form 214, item 9, to show his birth year as "46."
__________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) AR20110010649
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010649
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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