IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019551
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as "xx June xxxx."
2. The applicant states his DOB is listed incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214, passport, social security card, and Texas Driver License.
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. A review of documents contained in the applicant's military personnel records show his DOB appears as "xx June xxxx" and "xx July xxxx" on several documents dated throughout his tenure of service as follows:
* DD Form 398 (Statement of Personal History) - xx July xxxx
* DD Form 4 (Enlistment Contract) - xx July xxxx
* Department of Defense (DOD) National Agency Check (NAC) Center, finger print card, dated 28 June 1973 shows his DOB as xx June xxxx
* DD Form 214, Item 4 (Date of Birth) - xx July xxxx
3. The applicant provides a copy of his passport and driver license which shows his DOB as "xx June xxxx."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his DOB as "xx June xxxx" was carefully considered and determined to have merit.
2. Although his DOB appears as both "xx June xxxx" and "xx July xxxx" in his military personnel records a DOD NAC Center, finger print card, dated 28 June 1973, corroborates that his DOB is "xx June xxxx."
3. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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 the current entry from item 4 of his DD Form 214 and adding his DOB as it is listed on his finger print card.
_______ _ _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) AR20110019551
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ABCMR Record of Proceedings (cont) AR20110019551
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