IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110019991
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, in effect, 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 1 May 1945 instead of 11 May 1945.
2. He states his DOB is incorrect.
3. He provides his DD Form 214 and his State of Illinois Certificate of 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. On 29 September 1965, the applicant enlisted in the U.S. Army Reserve (USAR). Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 1 May 1945.
3. Special Orders Number 66, Armed Forces Examining and Entrance Station, Chicago, IL, dated 29 September 1965, assigned him to the USAR effective 29 September 1965. This order shows his DOB as 1 May 1945.
4. On 29 October 1965, he enlisted in the Regular Army. Item 15 of his DD Form 4 shows his DOB as 11 May 1945; however, the first digit of the typewritten 11 is overlaid with an "x," thereby changing his DOB to 1 May 1945.
5. On 13 November 1965, he completed a DA Form 3027 (U.S. Army Request for National Agency Check) wherein he listed his DOB in item 5 (Day, Month, Year of Birth) as 1 May 1945.
6. On 6 November 1966, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB in item 5 (DOB) as 1 May 1945.
7. On 12 November 1968, he was honorably retired by reason of placement on the Temporary Disability Retired List. Item 9 (DOB) of his DD Form 214 shows his DOB as 11 May 1945.
8. The applicant provided his State of Illinois Certificate of Birth that shows his DOB as 1 May 1945.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he consistently listed his DOB throughout his military career as 1 May 1945. He now provides a Certificate of Birth which confirms his DOB as 1 May 1945. 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 DD Form 214.
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 "11 May 45" and replacing it with the entry "1 May 45."
_______ _ 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019991
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