IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018165
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 DD Form 214 (Report of Separation from Active Duty) be corrected to show his date of birth as 18 March 1938 vice 17 March 1938.
2. He states the incorrect date was due to a typographical error.
3. He provides his DD Form 214 and birth certificate.
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 records show he was commissioned as an officer in the
U.S. Army Reserve and entered active duty on 10 June 1961. He served
15 years, 5 months, and 22 days on active duty and was honorably discharged on 1 December 1976.
3. Item 4 (date of birth) of his DD Form 214 lists his date of birth as 17 March 1938.
4. Numerous documents contained in his record list his date of birth as
17 March 1938. These documents include:
* Officer Record Brief (ORB)
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* Record of Emergency Data
* Police Record Check
* Standard Form 88 (Report of Medical Examination)
5. His DD Form 398 (Statement of Personal History) lists his date of birth as
18 March 1938.
6. He provided his birth certificate that lists his date of birth as 18 March 1938.
7. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears that 17 March 1938 was used as the applicant's date of birth throughout his military service. However, his Statement of Personal History and his birth certificate confirm that his date of birth is 18 March 1938. Therefore, he is entitled to correction of his DD Form 214 to show his correct date of birth.
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 amending his DD Form 214 to show his date of birth as 18 March 1938 as it appears 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) AR20110018165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018165
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