IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110022602
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) for the period ending
19 November 1969 to show his date of birth (DOB) as 19 August 1947.
2. The applicant states his DOB is wrong on his DD Form 214 for the period ending 19 November 1969.
3. The applicant provides no additional documentation.
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. The applicant's DD Form 47 (Record of Induction) shows in item 9 (DOB) the entry 19 August 1947.
3. On 9 June 1967, the applicant was inducted into the Army of the United States. On 14 June 1967, he was honorably discharged for the purpose of immediate enlistment in the Regular Army (RA). The DD Form 214 for this period of service shows his DOB as 19 August 1947.
4. On 15 June 1947, the applicant enlisted in the RA for a period of 3 years. Item 15 (DOB) of the applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his DOB as 19 August 1947.
5. On 19 November 1969, the applicant was discharged. Item 9 (DOB) of the DD Form 214 he was issued at the time shows his DOB as 19 August 1969.
6. The applicant's DA Form 20 (Enlisted Qualification Record) that was prepared at the time of his RA enlistment shows in item 6 (DOB) the entry 19 August 1947.
7. The applicant's record contains a copy of his State of Louisiana Certificate of Live Birth that shows his DOB as 19 August 1947.
8. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the Soldier's DOB would be entered in Item 9 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 for the period ending 19 November 1969 should be corrected to show his correct DOB as 19 August 1947.
2. The evidence of record shows the applicant's DOB as 19 August 1947. It appears that during the preparation of his DD Form 214 for the period ending
19 November 1969 an administrative error occurred that resulted in his DOB being entered as 3 months prior to his date of separation, which is clearly incorrect
3. In view of the foregoing, the applicant's DD Form 214 for the period ending 19 November 1969 should be corrected to show his correct DOB.
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 deleting from item 9 of his DD Form 214 for the period ending 19 November 1969 the current entry and replacing it with the entry as shown in item 9 of his DD Form 214 for the period ending 15 June 1967.
____________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) AR20110022602
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110022602
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