IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110021486
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 November 1946 instead of 11 December 1946.
2. The applicant states the incorrect DOB on his DD Form 214 resulted in an incorrect DOB on his Department of Veterans Affairs (VA) Certificate of Eligibility for Loan Guaranty Benefits. The incorrect DOB has invalidated his VA Certificate of Eligibility and has voided his ability to use his VA benefits when purchasing a home.
3. The applicant provides:
* his State of Indiana Certificate of Birth
* DD Form 398 (Statement of Personal History)
* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* VA Certificate of Eligibility for Loan Guaranty Benefits
* a letter from the VA, dated 20 September 2011
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 October 1965, the applicant enlisted in the Indiana Army National Guard (INARNG). Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 11 December 1946.
3. On 7 February 1966, he entered active duty for the purpose of initial entry training.
4. On 8 September 1966, in preparation for his separation from active duty, he underwent a separation physical at Fort Gordon, GA.
a. Item 12 (DOB) of his Standard Form (SF) 88 (Report of Medical Examination) shows he listed his DOB as 12 November 1946.
b. Item 12 (DOB) of his SF 89 (Report of Medical History) shows he listed his DOB as 12 November 1946.
5. On 25 September 1966, he was honorably released from active duty and released to the INARNG. Item 6 (DOB) of his DD Form 214 shows his DOB as 11 December 1946.
6. On 28 October 1971, he was honorably discharged from the INARNG. Item 10 (DOB) of his NGB Form 22 shows his DOB as 11 December 1946.
7. His available record contains few documents that represent his DOB; however, when represented, his DOB is shown as either 11 December 1946 or 12 November 1946.
8. The applicant provides his State of Indiana Certificate of Birth that shows his DOB as 12 November 1946. Additionally, he provides his copy of the DD Form 398 he completed upon enlistment. Item 5 (DOB) of this form shows his DOB, listed in day, month, year format (dd/mm/yy), as 12-11-46 (12 November 1946).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DOB is incorrectly documented on his DD Form 214.
2. The evidence of record shows his DOB was incorrectly listed on his enlistment document; however, on at least two occasions (his DD Form 398 and his separation physical), he correctly listed his DOB as 12 November 1946. While there are further instances in which his DOB is incorrectly listed on official documents, these separate occasions establish an effort on his part to ensure the correctness of his record.
3. He now submits his State of Indiana Certificate of Birth as further corroboration of his correct DOB. 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 the entry "11 Dec 46" from item 6 of his DD Form 214 and replacing it with the entry "12 Nov 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110021486
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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