IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013445
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 "22 September 19xx" vice "27 September 19xx."
2. The applicant states his DOB is wrong on his DD Form 214.
3. The applicant provides his DD Form 214 and certificate of birth.
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's record shows, in conjunction with his induction into the Army of the United States (AUS), a DD Form 47 (Record of Induction), dated 23 April 1965, was completed wherein his DOB was listed as "27 September 19xx."
3. He was inducted into the AUS on 4 August 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as "22 September 19xx." He authenticated this form by placing his signature in the appropriate block at a later date.
5. A DA Form 428 (Application for Identification Card), dated 3 June 1966, shows his DOB as "22 September 19xx." He authenticated this form by placing his signature in the appropriate block.
6. His records contain various forms and documents that show his DOB as "22 September 19xx."
7. A Standard Form (SF) 88 (Report of Medical Examination), dated 17 July 1967, shows his DOB as "22 September 19xx."
8. He was honorably released from active duty on 17 July 1967 and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 14 days of creditable active service.
9. Item 9 (DOB) of his DD Form 214 contains the entry "27 September 19xx."
10. The applicant provides a Georgia Department of Public Health Certificate of Birth, dated 1 December 1944, that shows an individual with the same name as the applicant was born on "22 September 19xx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his DOB as 22 September 19xx upon his entry on active duty as shown on his DA Form 20. This is the DOB that was used throughout his period of active service. It appears an administrative error was made on his DD Form 47 when his DOB was listed as "27 September 19xx." This error was compounded when his DD Form 214 was prepared using this incorrect DOB.
2. In view of the foregoing, his DD Form214 should be corrected to show his DOB as "22 September 19xx." Therefore, he is entitled to the requested relief.
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 deleting the entry in item 9 of his DD Form 214 and adding the entry
"22 September 19xx" as it is listed on his certificate of birth.
_______ _ _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) AR20110013445
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ABCMR Record of Proceedings (cont) AR20110013445
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