IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001842
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 21 November 1950.
2. The applicant states his date of birth is incorrect on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Certification 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 record shows, in conjunction with his enlistment in the Regular Army (RA) on 20 November 1967, he completed a DD Form 398 (Statement of Personal History). Item 5 (DOB) shows the entry 21 November 1950.
3. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted in the RA on 27 November 1967. Item 21 (DOB) of this document shows the entry 21 November 1950.
4. A review of documents contained in his official military personnel file (OMPF) shows his DOB predominantly appears as 21 November 1950. These documents include:
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 10 February 1970
* DD Form 1584 (National Agency Check), completed on 20 December 1967
5. The applicant was released from active duty on 30 June 1970. Item 9 (Date of Birth) of his DD Form 214 shows his DOB as 21 November 1948.
6. He provided a copy of his Certification of Birth issued by the state of Michigan, certified on 28 June 1982, by the Wyandotte City Clerk. This certificate confirms a male of the same name was born on 21 November 1950.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. It states for item 9, the entry is self-explanatory.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's DOB was incorrectly entered on his DD Form 214 as a result of an administrative error. Therefore, his DD Form 214 should be corrected to show his DOB as 21 November 1950.
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 deleting from item 9 of his DD Form 214 the current entry and replacing it with the entry "21 November 1950" as it appears on his birth certificate.
_______ _ 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) AR20120001842
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ABCMR Record of Proceedings (cont) AR20120001842
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