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Decision Text

ARMY | BCMR | CY2011 | 20110021114
Original file (20110021114.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021114 


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 the year of his date of birth (DOB) be corrected to show 1936 instead of 1934 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 September 1956.

2.  The applicant states the error in his DOB became apparent when he was applying for medical benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides his:

* DD Form 214
* Record of Birth from the Commonwealth of Kentucky

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.  He enlisted in the Regular Army on 21 September 1953, at the age of 17, for a period of 3 years.  

3.  His DD Form 4 (Enlistment Record - United States Army) shows his DOB as
1 August 1936.  

4.  His DD Form 373 (Consent Declaration of Parent or Legal Guardian), dated 16 September 1953, provided his mother's consent for him enlist in the Regular Army.  This form verified his DOB as 1 August 1936.

5.  His DA Form 20 (Enlisted Qualification Record) records his DOB as 1 August 1936.

6.  On 6 March 1956, he immediately reenlisted for a period of 6 years.  His 
DD Form 4 for this enlistment shows his DOB as 1 August 1934.

7.  On 30 September 1956, he was retired and placed on the Temporary Disability Retied List.  His DD Form 214 shows his DOB as 1 August 1934.

DISCUSSION AND CONCLUSIONS:

1.  At the time of his initial enlistment he was required to obtain parental consent due to his age.  If his DOB was 1 August 1934, he would not have needed this consent at the time of his enlistment.

2.  His initial DD Form 4, DD Form 373, and DA Form 20 all show his DOB as 
1 August 1936.  It is clear there was a typographical error in the preparation of his DD Form 4 at the time of his reenlistment.  This error was repeated when his DD Form 214 was prepared.

3.  In view of the above, it would be appropriate to change his DD Form 214 to show his DOB as 1 August 1936.


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 his DD Form 214 with an effective date of 30 September 1956 to show his DOB as 1 August 1936.
 




      _______ _   _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)                                         AR20110021114



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ABCMR Record of Proceedings (cont)                                         AR20110021114



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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