IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004310
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 to the date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, the year of his birth was 1950 and not 1951 as shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and U.S. Army Reserve (USAR) Discharge orders.
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 applicants military record shows he was inducted into the Army of the United States on 23 June 1971.
3. His record contains:
* DD Form 398 (Statement of Personal History), dated 4 June 1971, that shows his DOB as 12 August 1950
* DD Form 47 (Record of Induction), dated 23 June 1971, that shows his DOB as 12 August 1950
* DA Form 20 (Enlisted Qualification Record), audited on 22 August 1972, that shows his DOB as 12 August 1951
4. He was honorably released from active duty on 19 June 1973 and he was transferred to the USAR Control Group (Annual Training).
5. His DD Form 214 shows his DOB as 12 August 1951.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's DOB with the DOB of record.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his DOB on his DD Form 398 and DD Form 47 as 12 August 1950. It appears the year of his birth listed on his DD Form 214 appears to be a typographical error. Therefore, his DD Form 214 should be corrected to show his DOB as 12 August 1950.
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 the current date of birth entry from his DD Form 214 and replacing it with the entry "12 August 1950."
_______ _ _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) AR20120004310
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ABCMR Record of Proceedings (cont) AR20120004310
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