IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110012899
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 6 Axxxx xxxx vice 11 Mxx xxxx.
2. The applicant states, in effect, he never noticed the error.
3. He provides a copy of his DD Form 214 and marriage 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 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. He was inducted in the Army of the United States on 23 April 1968. His
DD Form 47 (Record of Induction) shows his DOB as 11 Mxx xxxx.
3. His records contain other official documents such as a DD Form 1584 (National Agency Check Request), DD Form 369 (Armed Forces Fingerprint Card), DA Form 428 (Application for Identification Card), and a DA Form 20 (Enlisted Qualification Record) which all depict his DOB as 6 Axxxx xxxx.
4. His DD Form 214 shows he was honorably released from active duty on
31 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. Item 9 (DOB) of this form also shows his DOB as 11 Mxx xxxx.
5. The applicant provided a copy of his marriage license which shows his DOB as 6 Axxxx xxxx.
DISCUSSION AND CONCLUSIONS:
1. His request to correct his DOB was carefully considered and was found to have merit.
2. The evidence of record shows an administrative error occurred at the time of his induction into the Army in which his DOB was listed as 11 Mxx xxxx; however, all other official documents in his military record list his DOB as
6 Axxxx xxxx.
3. It would now be appropriate to correct his DD Form 214 to show his correct DOB is 6 Axxxx xxxx.
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 listing his DOB as it is listed on his DD Form 1584, DD Form 369, DA Form 428, and DA Form 20.
_______ _ __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) AR20110012899
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ABCMR Record of Proceedings (cont) AR20110012899
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