IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003234
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 30 January 1951 instead of 29 December 1970.
2. The applicant states the birth date shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and certificate 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 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. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 30 January 1951.
3. He enlisted in the Regular Army on 4 November 1969. His DD Form 4 (Enlistment Contract Armed Forces of the United States) lists his DOB as 30 January 1951.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his enlistment shows his DOB as 30 January 1951. He reviewed this form at a later date and placed his signature in the appropriate block.
5. His official records contain multiple personnel, legal, and medical records that lists his DOB as 30 January 1951.
6. He was honorably released from active duty on 8 May 1972. Item 9 (DOB) of his DD Form 214 lists his DOB as 29 December 1970.
7. He submitted a certificate of birth, dated 19 August 1957, that lists his DOB as 30 January 1951.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
The applicant recorded his DOB as 30 January 1951 upon his enlistment. All documents in his service record show this DOB. It appears his DD Form 214 inadvertently listed his DOB as 29 December 1970. Therefore, he is entitled to correction of his DD Form 214 to show his correct DOB of 30 January 1951.
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 amending his DD Form 214 by deleting the existing entry from item 9 and replacing it with the entry "30 January 1951."
_______ _ 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) AR20120003234
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ABCMR Record of Proceedings (cont) AR20120003234
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