IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120007394
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 16 January 1950.
2. The applicant states his DOB was entered incorrectly on his DD Form 214.
3. The applicant provides a copy of his birth certificate and passport.
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. He was appointed as a Reserve commissioned officer, Medical Services Corps, on 14 January 1973.
3. His DA Form 66 (Officer Qualification Record), DA Form 873 (Certificate of Clearance and/or Security Determination), and all other documents in his records containing his DOB show it as 16 January 1950.
4. He was honorably released from active duty on 13 January 1975, in the rank of second lieutenant and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 2 years of active service. His DD Form 214 shows his DOB as "YYMMDD" of "160150" or 50 January 1916.
5. He submits a copy of his birth certificate and a page of his passport containing his DOB. Both of these documents show his DOB as 16 January 1950.
DISCUSSION AND CONCLUSIONS:
1. His DA Form 66, DA Form 873, and all other documents in his records containing his DOB except his DD Form 214 show his DOB as 16 January 1950. The copy of his birth certificate and the page of his passport containing his DOB show his DOB as 16 January 1950.
2. His DD Form 214 shows his DOB as 50 January 1916. The numbers showing his DOB were incorrectly entered on his DD Form 214. As such, he is entitled to have his DOB corrected on his DD Form 214 to that shown on his birth certificate.
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 DOB as shown 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) AR20120007394
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ABCMR Record of Proceedings (cont) AR20120007394
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