IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000893
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his date of birth (DOB) from
"2 May 1945" to "2 May 1942."
2. The applicant states, in effect, the DOB on his DD Form 214 is incorrect. He believes the mistake was a typographical error. He will turn 70 years old on
9 May 2012, at which time he will qualify for the Survivor Benefit Plan "paid up status." If this error is not corrected it will cost him thousands of dollars.
3. The applicant provides:
* Self-authored statement
* Certificate of Live Birth
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record)
* 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. The applicant enlisted in the Regular Army on 9 August 1961 and subsequently served through several extensions or reenlistments. He held the military occupational specialties 67Z (Aircraft Maintenance Senior Sergeant) and 91G (Behavioral Science Specialist). The highest rank/grade he attained while serving on active duty was sergeant first class/E-7.
3. His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 8 September 1965, which lists his DOB as "2 May 1942."
4. He was honorably retired on 31 October 1981. His DD Form 214 lists his DOB as "2 May 1945."
5. He provided his Certificate of Live Birth which contains a name similar to his and lists his DOB as "2 May 1942."
6. He provided his DA Form 2A, which lists his DOB as "2 May 1942."
DISCUSSION AND CONCLUSIONS:
Having listed the correct DOB at the time of enlistment and throughout his military service, his DD Form 214 should be corrected to show his DOB as
"2 May 1942."
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 amending his DD Form 214 for the period ending 31 October 1982 to show his DOB as "2 May 1942."
_______ _ 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) AR20120000893
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ABCMR Record of Proceedings (cont) AR20120000893
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