BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110015327
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 the day of his day of birth (DOB) as 20 instead of 10.
2. The applicant states the correct day of his birth is 20.
3. The applicant provides his:
* DD Form 214
* Notification of Birth Registration
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 enlisted in the Regular Army on 31 July 1963 for a period of 3 years. His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the day of his DOB as 10.
3. The following documents in his Military Personnel Records Jacket (MPRJ) show the day of his DOB as 20:
* DD Form 398 (Statement of Personal History), dated 19 July 1963
* Standard Form 88 (Report of Medical Examination) for his enlistment, dated 31 July 1963
* DA Form 41 (Record of Emergency Data), dated 31 July 1963
* DA Form 428 (Application for Identification Card), dated 7 August 1963
* DA Form 20 (Enlisted Qualification Record)
4. On 12 November 1963, he was discharged. Item 6 (Date of Birth) of his
DD Form 214 shows the day of his DOB as 10.
5. He submitted his Notification of Birth Registration from the Department of Commerce. This document shows the day of his DOB as 20.
DISCUSSION AND CONCLUSIONS:
1. There are sufficient official documents in his MPRJ to show that the day of his DOB entered on his DD Form 4 and his DD Form 214 were in error. All these official documents show the same day of his DOB as that entered on his Notification of Birth Registration.
2. Therefore, it would be appropriate to change his DOB on his DD Form 214 to show the day of his DOB as 20 instead of 10.
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 changing item 6 of his DD Form 214 to reflect his DOB as shown on his Notification of Birth Registration.
_______ _ 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) AR20110015327
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ABCMR Record of Proceedings (cont) AR20110015327
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