IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002060
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 the day of his date of birth (DOB) be corrected to read "6" instead of "9" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the correct day of his DOB is "6."
3. The applicant provides his:
* birth certificate
* 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. He was inducted into the Army of the United States on 21 September 1966. His DD Form 47 (Record of Induction) shows the day of his DOB as "6."
3. The following documents in his Military Personnel Records Jacket (MPRJ) show the day of his DOB as "6":
* DA Form 2027 (U.S. Army Request for National Agency Check)
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)
4. On 26 June 1968, he was released from active duty. He completed 1 year,
9 months, and 6 days of active service that was characterized as honorable. His DD Form 214 shows the day of his DOB as "9."
5. He submitted his birth certificate from the Michigan Department of Health. The day of his DOB is shown on the certificate as "6."
DISCUSSION AND CONCLUSIONS:
The only record in his MPRJ that shows the day of his DOB as "9" is his
DD Form 214. Clearly an error occurred when his DD Form 214 was typed. Therefore, it would be appropriate to correct his DD Form 214 to reflect his DOB as shown on his birth certificate.
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 changing his DD Form 214 to show his DOB as shown 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) AR20120002060
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ABCMR Record of Proceedings (cont) AR20120002060
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