IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007472
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 "7 October 1946" vice "10 July 1946."
2. The applicant states his DOB was incorrectly transposed from 7 October 1946 to 10 July 1946 and that it should be corrected.
3. The applicant provides a copy of his:
* DD Form 214
* Indiana State Department of Health Certificate of Birth, issued on 6 July 1993
* Social Security Card
* United States of America Passport, issued on 10 February 2003
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. The applicant enlisted in the Regular Army on 14 August 1968 for a period of 2 years. The DD Form 4 (Enlistment Record Armed Forces of the United States) and DD Form 398 (Statement of Personal History) completed during his enlistment processing lists his DOB as 7 October 1946.
3. The applicant's record contains a DA Form 20 (Enlisted Qualification Record), dated 19 August 1968, that was completed upon his entry on active duty. This form also lists his DOB as 7 October 1946.
4. On 25 May 1970, the applicant was honorably released from active duty. He completed 1 year, 9 months, and 12 days of total active service. Item 9 (DOB) of the DD Form 214 he was issued at the time shows his DOB as 10 July 1946.
5. He provided a copy of his Certificate of Birth, Social Security card, and U.S. Passport that shows his DOB as 7 October 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrectly documented on his DD Form 214 was carefully considered and was found to have merit.
2. The evidence of record shows at the time he entered the Army, his DOB was listed as 7 October 1946, and his military record contains official documents which list this same DOB. He now provides a Certificate of Birth, Social Security card, and U.S. Passport that confirms his DOB as 7 October 1946. It appears that an administrative error occurred during the processing his DD Form 214. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as shown on his Certificate 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 deleting from item 9 of his DD Form 214 the current entry and replacing it with the DOB entry as shown on his Certificate of Birth.
____________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) AR20120007472
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ABCMR Record of Proceedings (cont) AR20120007472
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