BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004802
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth as
30 April xxxx vice 20 April xxxx.
2. He states the incorrect date was due to a clerical error.
3. He provides his DD Form 214 and birth certificate.
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 27 October 1967. He served 1 year, 7 months, and 7 days on active duty and was honorably separated on 3 June 1969.
3. Item 9 (date of birth) of his DD Form 214 lists his date of birth as 20 April xxxx.
4. Numerous documents contained in his record list his date of birth as
30 April xxxx. These documents include:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 398 (Statement of Personal History)
* Standard Form 93 (Report of Medical History)
5. His Record of Induction is the only document in his record listing his date of birth as 20 April xxxx.
6. He provided his birth certificate that lists his date of birth as 30 April xxxx.
7. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears that 30 April xxxx was used as the applicant's date of birth throughout his military service with the exception of his Record of Induction. His Statement of Personal History and his birth certificate confirm that his date of birth is
30 April xxxx. Therefore, he is entitled to correction of his DD Form 214 to show his correct date of birth.
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 amending his DD Form 214 to show his date of birth as 30 April xxxx as it appears on his birth certificate.
_______ _ 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) AR20120004802
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ABCMR Record of Proceedings (cont) AR20120004802
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