IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120008666
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 28 August xxxx vice 8 August xxxx.
2. The applicant states his DOB is wrong on his DD Form 214 for the period ending 5 September 1969 due to a clerical error.
3. The applicant provides a certificate of birth.
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's records show he enlisted in the Army National Guard (ARNG), on 5 November 1966, and he held military occupational specialty 62B (Engineer Equipment Specialist).
3. Having had prior active service, he was ordered to active duty as a member of his ARNG unit and entered active duty on 13 May 1968.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his enlistment in the ARNG shows his DOB as 28 August xxxx. He authenticated this form by placing his signature in the appropriate block on 5 November 1966 and verifying it on 15 September 1968.
5. A DA Form 428 (Application for Identification Card), dated 24 May 1968, shows his DOB as 28 August xxxx.
6. On 1 June 1968, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 28 August xxxx. He authenticated this form by placing his signature in the appropriate block on that date.
7. His records contain various forms and documents that show his DOB as 28 August xxxx.
8. He was honorably released from active duty on 5 September 1969.
9. Item 9 (DOB) of his DD Form 214 for the period ending 5 September 1969 contains the entry "8 August xxxx."
10. The applicant provides an Idaho Certificate of Birth, dated 2 September 19xx, which shows an individual with the same full name as the applicant was born on 28 August xxxx.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's DOB was listed as 28 August xxxx upon his entry on active duty on 13 May 1968. This is the DOB that he used throughout his period of active service. It appears an administrative error occurred during the preparation of his DD Form 214 when his DOB was listed as 8 August xxxx. Therefore, he is entitled to the requested relief.
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 the entry in item 9 of his DD Form 214 for the period ending 5 September 1969 and adding the entry "28 August xxxx."
_______ _ _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) AR20120008666
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ABCMR Record of Proceedings (cont) AR20120008666
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