IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110016977
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DOB is 12 July 1949.
3. The applicant provides:
* Birth certificate
* 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's DD Form 398 (Statement of Personal History), dated 3 April 1969, shows he was born on 12 July 1949.
3. He was inducted into the Army of the United States on 17 April 1969. On
5 November 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. Item 9 of his DD Form 214 shows he was born on 12 June 1949.
5. His service personnel records show his DOB as 12 June 1949 and 12 July 1949. His Standard Form 88 (Report of Medical Examination), dated
4 November 1970, shows he was born on 12 July 1949.
6. He provides a birth certificate, issued on 4 April 1973, which shows he was born on 12 July 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 12 July 1949 and his birth certificate shows he was born on this date.
2. The evidence of record shows the applicant's DOB as 12 July 1949 at the time of his induction. Therefore, it would be appropriate to correct item 9 of his DD Form 214 to show this date as it is listed 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 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 DOB as it is listed 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) AR20110016977
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016977
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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