IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015783
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 his date of birth (DOB) be changed from 21 May to 21 March 1946 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DOB is 21 March 1946, but his discharge document shows his DOB as 21 May 1946.
3. He provides his birth certificate and DD Form 214.
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 enlisted in the Regular Army on 11 May 1966.
3. The following documents in his Army military personnel record show his DOB as 21 March 1946:
* DD Form 4 (Enlistment Record Armed Forces of the United States)
* DA Form 41 (Record of Emergency Data)
* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
4. On 4 May 1969, he was released from active duty and transferred to the U.S. Army Reserve (Reinforcement) on the following day.
5. Item 9 (DOB) of his DD Form 214 shows his DOB as 21 May 1946.
6. He provided a copy of his birth certificate which shows his DOB as 21 March 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was born on 21 March 1946 is acknowledged and supported by the evidence of record.
2. His birth certificate and documents in his service record show his DOB as 21 March 1946. However, his DD Form 214 shows his DOB as 21 May 1946.
3. It appears that administrative error occurred when his DOB was recorded on his DD Form 214.
4. Therefore, it would be appropriate to correct his DOB on his DD Form 214 to show his correct DOB as 21 March 1946.
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 21 MAY 46 from item 9 of his DD Form 214 and adding the entry 21 MAR 46.
_______ _ __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) AR20110015783
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015783
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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