IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008161
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 award of the Bronze Star Medal (BSM) and his birth month as "April" instead of "May."
2. He states he would like his date of birth (DOB) to reflect the date on his birth certificate.
3. The applicant provides:
* his DD Form 214
* his birth certificate
* BSM Citation and 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 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 submitted a request for correction of his DD Form 214 to show award of the BSM on 13 July 1989. This form shows he submitted a copy of General Orders Number 9 as evidence. On 21 September 1990, a DD Form 215 (Correction to DD Form 214) was issued which added the BSM to his DD Form 214 for the period ending 23 January 1972. As a result, this issue will not be addressed further in this Record of Proceedings. A copy of the DD Form 215 will be provided to him.
3. He enlisted in the Regular Army on 30 April 1969 and his enlistment contract shows his birth month as "May."
4. His record contains numerous other documents that show "May" as his birth month; however, there are four documents in his records which reflect "April" as his birth month:
* DD Form 398 (Statement of Personal History)
* Standard Form 88 (Report of Medical Examination)
* Standard Form 601 (Health Record Immunization Record)
* DA Form 2658 (Health Record Abstract of Service)
5. On 23 January 1972, he was honorably released from active duty after completing 2 years, 8 months, and 24 days of net service. Item 9 (DOB) of his DD Form 214 shows "May" as his birth month.
6. He provided a birth certificate which reflects "April" as his birth month.
DISCUSSION AND CONCLUSIONS:
1. The applicant's birth month is shown as "April" on at least four documents in his military record.
2. It appears that the birth month shown on his DD Form 214 is incorrect. It is reasonable to presume that the numerous documents in his record that reflect "May" as his birth month created this error. It would be appropriate at this time to correct this error by amending item 9 of his DD Form 214 to show his birth month as "April."
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 month of "May" from item 9 of his DD Form 214 and replacing it with "April."
____________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) AR20120008161
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120008161
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