IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120001311
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 "x June xxxx" vice "x January xxxx."
2. The applicant states his DOB is wrong on his DD Form 214.
3. The applicant provides his DD Form 214 and certificate of birth.
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) was completed on 3 October 1968. It shows his DOB as x June xxxx. He was inducted into the Army of the United States on 21 April 1969. He held military occupational specialty 64B (Heavy Vehicle Driver).
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as "x June xxxx." He authenticated this form by placing his signature in the appropriate block at a later date.
4. A DA Form 428 (Application for Identification Card), dated 22 April 1969, shows his DOB as "x June xxxx." He authenticated this form by placing his signature in the appropriate block.
5. A DD Form 1584 (National Agency Check Request), dated 29 April 1969, shows his DOB as "x June xxxx."
6. His records contain various forms and documents that show his DOB as "x June xxxx."
7. He was honorably released from active duty on 20 April 1971 and transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
8. Item 9 (DOB) of his DD Form 214 contains the entry "x January xxxx."
9. The applicant provides a Commonwealth of Pennsylvania Certificate of Birth, dated 3 March 2009, which shows an individual with the same full name as the applicant was born on "x June xxxx."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 47 and DD Form 1584 list his DOB as "x June xxxx." This is the DOB that was used throughout his period of active service. It appears a typographical error was made when his DD Form 214 was prepared.
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 DOB in item 9 of his DD Form 214 and adding his DOB as it is listed on his certificate of birth.
_______ _ _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) AR20120001311
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ABCMR Record of Proceedings (cont) AR20120001311
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