IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024440
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 the date of rank (DOR) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states, in effect, his DD Form 214 shows his DOR as 15 December 1948. However, the year is incorrect. He believes the DOR entry on his DD Form 214 contains his birth year.
3. He provides his DD Form 214.
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. On 31 October 1969, the applicant was inducted into the Army of the United States.
3. On 23 December 1970, Headquarters, 2d Brigade, 25th Infantry Division, issued Special Orders Number 46 promoting him to specialist four (SP4)/E-4, effective 15 December 1970.
4. On 7 June 1971, he was honorably released from active duty as a SP4/E-4. Item 6 (DOR) of his DD Form 214 shows "15 Dec 48," and item 9 (DOB) shows "7 Nov 48."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's birth year was erroneously entered in item 6 of his DD Form 214 as the year of his DOR. Therefore, he is entitled to correction of his DD Form 214 to show his DOR as 15 December 1970.
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 the entry in item 6 of his DD Form 214 and adding the entry as it is listed on Special Orders Number 46, dated 23 December 1970.
____________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) AR20110024440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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