BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110019266
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 12 March 1947.
2. He states his DD Form 214 shows an incorrect DOB. His DOB is 12 March 1947.
3. He provides a copy of his Louisiana State Department of Health Division of Public Health Statistics Certificate of Live Birth.
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's record shows he enlisted in the Regular Army on 8 August 1967.
3. The applicant's military personnel record contains two DD Forms 4 (Enlistment Record (or Contract) Armed Forces of the United States).
a. His DD Form 4, dated 8 August 1967, shows his DOB as 12 May 1947 in item 15 (DOB). He authenticated this document with his signature indicating the information in this document was correct.
b. His DD Form 4, dated 8 January 1970, shows his DOB as 12 May 1947 in item 21 (DOB). He authenticated this document with his signature indicating the information in this document was correct.
4. The applicant's military personnel records contain a DD Form 1584 (National Agency Check Request), dated 9 August 1967, that shows his DOB was entered as 12 March 1947, but a pen and ink change made the applicant's DOB 12 May 1947.
5. His record contains a DD Form 398 (Statement of Personal History), dated 13 January 1968, that shows he recorded his DOB as 12 March 1947 in item 5 (DOB).
6. The applicant's DD Forms 214 for the periods ending 7 January and October 1970 show his DOB as 12 May 1947 in item 9 (DOB).
7. The applicant submits a certified true copy of his birth certificate issued on 1 April 1975 which shows his DOB as 12 March 1947.
8. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214 and states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.
9. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5, in effect at the time, contained guidance on the preparation of the DD Form 214. It provided that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. Item 9 stated, "self-explanatory."
DISCUSSION AND CONCLUSIONS:
Although the applicant's DOB appears as both 12 March 1947 and 12 May 1947 in his military records, his birth certificate shows his DOB as 12 March 1947. Therefore, he is entitled to correction of item 9 of his DD Forms 214 for the periods ending 7 January and October 1970 to show his DOB as 12 March 1947.
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 Forms 214 for the periods ending 7 January and October 1970 to show his DOB as 12 March 1947 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) AR20110019266
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ABCMR Record of Proceedings (cont) AR20110019266
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