BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110012722
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 date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty).
2. He states his DD Form 214 shows his DOB as 25 March 1956, but his correct DOB is 26 March 1956.
3. He provides copies of his DD Form 214, birth certificate, and 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 enlisted in the Regular Army on 26 November 1973.
3. Item 21 (DOB) of the DD Form 4 (Enlistment Contract Armed Forces of the United States) completed during his enlistment processing shows his DOB was entered as 26 March 1956. A DD Form 373 (Consent, Declaration of Parent or Legal Guardian) shows his parents consented to his enlistment and certified his DOB as 26 March 1956.
4. Item 52 (DOB) of his DA Form 2 (Personnel Qualification Record) shows his DOB as 26 March 1956.
5. He was honorably released from active duty on 24 November 1976. Item 4 (DOB) of the DD Form 214 issued at that time shows his DOB as 25 March 1956.
6. He provides a birth certificate and driver's license showing his DOB as 26 March 1956.
DISCUSSION AND CONCLUSIONS:
The record shows the applicant's DOB was correctly recorded as 26 March 1956 when he entered military service, but an error was made when the DOB was entered on his DD Form 214. He is entitled to correction of his DD Form 214 to show his DOB as 26 March 1956.
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 deleting "56 03 25" from item 4 of his DD Form 214 and adding "56 03 26."
___________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) AR20110012722
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ABCMR Record of Proceedings (cont) AR20110012722
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