IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018005
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 31 March to 30 March 1958 on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states his DOB is incorrect on his DD Form 214. It should be 30 March 1958, not 31 March 1958. His birth certificate shows his correct DOB.
3. He provides his DD Form 214, birth certificate, and drivers license.
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 2 November 1978.
3. Documents in his military personnel record show his DOB both as 30 March and 31 March 1958.
4. On 1 November 1981, he was released from active duty and transferred to the U.S. Army Reserve (Reinforcement) on the following day.
5. Item 5 (DOB) of his DD Form 214 shows his DOB as 31 March 1958.
6. He provided a copy of his birth certificate and drivers license which both show his DOB as 30 March 1958. The first name on his birth certificate matches the other name of record listed in item 18 (Remarks) of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB is incorrect on his DD Form 214 is acknowledged and supported by the evidence of record.
2. Although his service record includes documents which show his DOB both as 31 March and 30 March 1958, his birth certificate shows his DOB as 30 March 1958. However, his DD Form 214 shows his DOB as 31 March 1958.
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 30 March 1958.
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 580331 from item 5 of his DD Form 214 and adding the entry
580330.
_______ _ __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) AR20110018005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110018005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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