BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003071
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 "2 December 1946" instead of "2 December 1947."
2. The applicant states his DOB is incorrect on his DD Form 214.
3. The applicant provides:
* Letter from the Department of Veterans Affairs (VA), dated 11 January 2012
* Letter from the National Personnel Records Center (NPRC), dated
8 December 2011
* Selective Service System Registration Certificate, dated 8 December 196 (last digit illegible)
* DD Form 214
* Commonwealth of Pennsylvania Notification of Birth Registration, undated
* Two Standard Forms (SF) 88 (Report of Medical Examination), dated
7 January 1966 and 8 March 1968
* Two SFs 89 (Report of Medical History), dated 7 January 1966 and
8 March 1968
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 was inducted into the Army of the United States on 6 May 1966. His DD Form 47 (Record of Induction) shows his typed DOB as "2 December 1946," but the year was lined through and the entry "1947" was handwritten above the lined-through entry. His DD Form 398 (Statement of Personal History) the applicant completed during his induction processing shows he entered his DOB as "2 December 1946."
3. His record contains an SF 89, dated 8 March 1968, wherein his DOB is listed as "2 December 1946."
4. On 3 May 1968, he was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued at the time shows his DOB as "2 December 1947."
5. He provided an SF 88 and SF 89, both dated 7 January 1966, that show his DOB as "2 December 1947."
6. He provided an SF 88 and SF 89, both dated, 8 March 1968, that show his DOB as "2 December 1946."
7. He also provided his Selective Service System Registration Certificate and Commonwealth of Pennsylvania Notification of Birth Registration that show his DOB as "2 December 1946."
DISCUSSION AND CONCLUSIONS:
1. Having listed his correct DOB at the time of induction and on his DD Form 398, and using this DOB throughout his military service, his DD Form 214 should be corrected to show his DOB as "2 December 1946."
2. In view of the foregoing, his 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 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 his DD Form 214 the current date of birth entry and replacing it with the date of birth as shown on his Notification of Birth Registration.
________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) AR20120003071
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ABCMR Record of Proceedings (cont) AR20120003071
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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