BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012912
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 that the month of birth on his DD Form 214 (Report of Transfer or Discharge) be changed from January to June.
2. The applicant states his DD Form 214 incorrectly lists his birth month and he needs it corrected to apply for Department of Veterans Affairs benefits.
3. The applicant provides copies of his DD Form 214 and 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. The applicant served on active duty in the Regular Army from 18 January 1966 through 13 October 1969.
3. His enlistment documentation and his DA Form 20 (Enlisted Qualification Record) both show a birth month of June.
4. His DD Form 214 shows a birth month of "Jan" [January].
5. The birth certificate the applicant provided shows a birth month of June.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 appears to contain a typographical error showing a birth month of "Jan" [January] when it should show June. It would be appropriate to correct this error to show the applicant's birth month as it is shown on his birth certificate.
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 the applicant's DD Form 214 to show the birth month of June 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) AR20110012912
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110012912
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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