IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110019093
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 the date of birth (DOB) listed on his
DD Form 214 (Armed Forces Report of Transfer or Discharge).
2. The applicant states his DOB is 25 and not 10 October 1946.
3. The applicant provides a South Carolina Department of Health and Environmental Control Division of Vital Records Certification of Name and Birth card in support of his application.
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 record shows the applicant enlisted in the Regular Army on 14 February 1967. The documents prepared during his enlistment processing contain DOB entries containing both the 10th and 25th of October 1946.
3. The DA Form 20 (Enlistment Qualification Record) prepared on him upon his entry on active duty on 17 February 1967, and last audited by the applicant on
22 May 1969 lists his DOB as 25 October 1946 in item 6 (Date of Birth).
4. Documents on file in the Military Personnel Records Jacket (MPRJ) primarily contain the DOB 25 October 1946; however, there are some documents that list a DOB of 10 October 1946. The SF 88 (Report of Medical Examination) documenting his expiration of term of service (ETS) physical examination, dated 13 January 1970, lists his DOB as 25 October 1946.
5. On 13 February 1970, the applicant was honorably released from active
duty, in the rank of specialist five, after completing 3 years of active military service. The DD Form 214 he was issued lists his DOB as 10 October 1946 in
item 9 (Date of Birth).
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 would be the primary source record for information entered on the DD Form 214for enlisted personnel.
DISCUSSION AND CONCLUSIONS:
The applicant's request to correct the DOB listed in item 9 of his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms both DOBs were used during his enlistment processing and throughout his service; however, his DA Form 20, and the majority of documents in the MPRJ that list a DOB, list it as 25 February 1946 which matches the birth certification he now provides. Therefore, given the DOB he now claims is correct is the one that was predominantly used during his military service, it would be appropriate to correct his DD form 214 accordingly.
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 item 9 of his DD Form 214 by deleting the current date of birth entry and replacing it with the entry 25 October 1946.
_______ _ 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) AR20110019093
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ABCMR Record of Proceedings (cont) AR20110019093
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