IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002705
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 5 February 1948 instead of 5 January 1948.
2. The applicant states there was a typing error. He further states his birth certificate is not available.
3. The applicant provides his DD Form 214 and Kentucky Commercial Driver's License.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 17 January 1968. He completed training and he was awarded military occupational specialty 57H (cargo handler).
3. His official military personnel file (OMPF) contains a:
a. DD Form 398 (Statement of Personal History) that he completed and signed that lists his DOB as 5 February 1948;
b. DD Form 47 (Record of Induction), dated 17 January 1968, that shows his DOB as 5 January 1948;
c. DD Form 1584 (National Agency Check Request), dated 19 January 1968, that shows his DOB as 5 February 1948;
d. DA Form 41 (Record of Emergency Data), dated 15 April 1969, that shows his DOB as 5 February 1948; and
e. DA Form 20 (Enlisted Qualification Record), dated 15 April 1969, that shows his DOB as 5 January 1948.
4. He was honorably released from active duty on 10 January 1970 as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. The DD Form 214 he was issued at the time shows his DOB as 5 January 1948.
5. The applicant provides a copy of his driver's license that lists his DOB as
5 February 1948.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrect on his DD Form 214 was carefully reviewed and found to have merit.
2. The evidence of record confirms the DOB entry in his DD Form 214 is inconsistent with the DOB listed on a majority of the documents contained in his OMPF. He also provides a copy of his driver's license that shows his DOB as
5 February 1948.
3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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 from his DD Form 214 the current date of birth entry and replacing it with the entry "5 February 1948."
____________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) AR20120002705
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ABCMR Record of Proceedings (cont) AR20120002705
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