IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20110024748
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show that his correct date of birth (DOB) is
30 December 1955 and that his correct date of rank is 6 August 1975.
2. The applicant states that his DD Form 214 incorrectly reflects in block 4 that his DOB is 3 December 1955 when it is 30 December 1955 and in block 7 it indicates that his DOR is 6 December 1975 and it should be 6 August 1975.
3. The applicant provides a copy of his DD Form 214, a copy of his General Discharge Certificate, a copy of his drivers license and Social Security Card, a copy of his birth certificate and two pages from his enlistment contract.
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 enlisted in the Regular Army in Jacksonville, Florida, in the pay grade of E-1 on 6 August 1975 for a period of 4 years, training as a cannon crewman, assignment to Europe, and a cash enlistment bonus. His DOB was recorded in his official records as 30 December 1955.
3. He completed his basic training at Fort Jackson, South Carolina, and his advanced individual training as a cannon crewman at Fort Sill, Oklahoma, and he was advanced to the pay grade of E-2 on 6 December 1975.
4. He was transferred to Germany on 16 December 1975 and served until he was discharged under honorable conditions on 27 September 1976 under the provisions of Army Regulation 635-200, paragraph 5-37 and the Expeditious Discharge Program. He had served 1 year, 1 month, and 22 days of active service and his DD Form 214 issued at the time of his discharge shows his DOB as being 55 12 03 and his DOR as 75 12 06.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB is incorrectly reflected on his DD Form 214 has been noted and found to have merit. His DD Form incorrectly reflects that his DOB is 3 December 1955 instead of 30 December 1955. Accordingly, his DOB should be corrected on his DD Form 214.
2. However, his contention that his DOR is incorrect does not appear to have merit. The applicant enlisted in the pay grade of E-1 on 6 August 1975 and was promoted to the pay grade of E-2 upon his graduation from AIT on 6 December 1975.
3. The applicant has failed to show through the evidence of record, and the evidence submitted with his application fails to show, that his DOR is incorrectly reflected on his DD Form 214. Accordingly, there is no basis to change his DOR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 55 12 03 from block 4 of his DD Form 214
* Entering the entry 55 12 30 in block 4 of his DD Form 214
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his DOR on his DD Form 214.
_______ _ _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) AR20110024748
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ABCMR Record of Proceedings (cont) AR20110024748
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