IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002899
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 date of birth (DOB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from 1 January 1970 to 27 June 1972.
2. The applicant states he needs to have the DOB corrected for Department of Veterans Affairs (VA) purposes.
3. The applicant provides copies of his DD Form 214, Report of Birth Abroad of a Citizen of the United States of America, Birth Certificate, and U.S. passport identification page.
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 served on active duty from 20 July 1990 through 10 May 1993.
3. His enlistment documents and the available service medical record all show a DOB of 1 January 1972; whereas his Personnel Qualification Record, Part I and DD Form 214 show a DOB of 1 January 1970.
4. All of the documents he submitted show a DOB of 27 June 1972.
DISCUSSION AND CONCLUSIONS:
The preponderance of available evidence shows that the applicant's DOB on his DD Form 214 in incorrect. Therefore, it appropriate to correct this error to show his DOB as 27 June 1972.
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 showing the applicant's DOB as 27 June 1972.
_______ _ __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) AR20120002899
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ABCMR Record of Proceedings (cont) AR20120002899
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