BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018015
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 "8 August 1951" instead of "8 September 1951."
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides his 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 applicant's 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 applicant's 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 18 September 1968. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his DOB as "8 September 1951."
3. He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Field Artillery). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
4. His military records contain the following documents listing his DOB as "8 August 1951":
* notification of birth registration
* birth certificate
* DD Form 373 (Consent, Declaration of Parent or Legal Guardian)
* DD Form 398 (Statement of Personal History)
* finger print card
* DA Form 428 (Application for Identification Card)
* DA Form 20 (Enlisted Qualification Record)
5. He was discharged for immediate reenlistment on 29 October 1969. His DD Form 214 lists his DOB as "8 September 1951."
6. He immediately reenlisted on 30 October 1969 and was released from active duty on 24 October 1972. His DD Form 214 for this period of service shows his DOB as 8 August 1951.
DISCUSSION AND CONCLUSIONS:
1. With the exception of his enlistment contract and DD Form 214 for the period ending 29 October 1969, every official document in the applicant's military record lists his DOB as "8 August 1951."
2. Having listed the correct DOB at the time of enlistment and throughout his military service, his DD Form 214 for the period ending 29 October 1969 should be corrected to show his DOB as 8 August 1951.
BOARD VOTE:
___X_____ _X_______ _X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 29 October 1969 to show his DOB as "8 August 1951."
__________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) AR20110018015
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ABCMR Record of Proceedings (cont) AR20110018015
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