BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019455
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 21 December 1946 instead of 21 December 1947.
2. He states he was born on 21 December 1946, not 1947.
3. He provides his DD Form 214, State of Connecticut Certificate of Birth, and DD Form 528 (Armed Forces of the United States Geneva Conventions Identification Card).
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. His record shows he was inducted into the Army of the United States on
27 December 1965. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 21 December 1946.
3. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as 21 December 1946.
4. On 29 September 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was credited with 1 year, 9 months, and 3 days of total active service, including 11 months and 22 days of foreign service. Item 9 (DOB) of his DD Form 214 shows his DOB as 21 December 1947.
5. The applicant provided his State of Connecticut Certificate of Birth that shows he was born on 21 December 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention his DOB is incorrectly documented in his military record was carefully considered and was found to have merit.
2. The evidence of record shows at the time he was inducted into the Army, his DOB was listed as 21 December 1946. His military records also contain official documents which list his DOB as 21 December 1946. He now provides a Certificate of Birth which confirms his DOB as 21 December 1946.
3. His DOB is listed differently on his DD Form 214; therefore, his record should be corrected to present a proper and factual record of his true DOB. In view of the foregoing, there is sufficient basis to grant the requested relief in this case.
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 deleting from item 9 of his DD Form 214 the entry "21 Dec 47" and replacing it with the entry "21 Dec 46."
_________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) AR20100015378
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ABCMR Record of Proceedings (cont) AR20110019455
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