IN THE CASE OF:
BOARD DATE: 22 December 2012
DOCKET NUMBER: AR20110013440
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 (DOB) listed in item 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his actual day of birth is "9," not "2" as is listed on his DD Form 214.
3. The applicant provides a copy of his birth certificate in support of his application.
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 record shows the applicant enlisted the Regular Army on 28 November 1967. The DD Form 4 (Enlistment Contract-Armed Forces of the United States) prepared during his enlistment processing lists his DOB using the day "9" in item 21 (Date of Birth). A Standard Form 88 (Report of Medical Examination) documenting his enlistment physical examination also lists the day of his birth as "9" in item 12 (Date of Birth) and his DA Form 20 (Enlisted Qualification Record) lists the day of his birth as "9" in item 6 (Date of Birth).
3. The majority of the documents showing a DOB in the applicant's Military Personnel Records Jacket (MPRJ) list the day as "9"; however, there are some documents that list the day as "2."
4. The DD Form 214 issued to the applicant upon separation on 19 November 1970 lists the DOB showing the day "2."
5. The applicant provides a copy of his birth certificate that lists his DOB with the day of "9."
DISCUSSION AND CONCLUSIONS:
The applicant's request to correct the DOB listed in item 9 of his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms his enlistment contract, DA Form 20, and the majority of documents showing a DOB in his MPRJ list the day as "9" and this day was used throughout his military service. It appears the incorrect day of "2" was listed in some documents in the record; however, this does not alter the fact the correct day was presented during his enlistment process and also used throughout his military service. As a result, it would be appropriate to correct the DOB on his DD Form 214 accordingly.
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 item 9 of his DD Form 214 by deleting the current day of birth of "2" listed and replacing it with the day of birth of "9."
_____________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) AR20110013440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013440
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