IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011030
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 date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 August 1969.
2. The applicant states his DOB is incorrect on his DD Form 214. His DOB is 18 December 1942.
3. The applicant provides copies of his birth certificate and his 1969 DD Form 214.
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 provided a copy of his birth certificate from the State of Alabama, dated 6 August 2007, which certifies he was born on 18 December 1942.
3. His applicant's military record shows he was inducted into the Army of the United States on 1 August 1966.
4. His record contains:
* DD Form 398 (Statement of Personal History), dated 28 July 1966, that shows his DOB as 18 December 1942
* DD Form 47 (Record of Induction), dated 2 February 1966, that shows his DOB as 18 December 1942
* DA Form 41 (Record of Emergency Data) that shows his DOB as 18 December 1942
5. He was honorably discharged for the purpose of immediate reenlistment on 3 August 1966. The DD Form 214 he was issued shows his DOB as 12 December 1942.
6. He reenlisted in the Regular Army on 4 August 1966 for 3 years. His record contains:
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 4 August 1966, that shows his DOB as 12 December 1942
* DA Form 20 (Enlisted Qualification Record), audited on 8 October 1968, that shows his DOB as 12 December 1942
7. He was honorably released from active duty on 8 August 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows his DOB as 12 December 1942.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation established standardized policy for preparation of the DD Form 214. The instructions stated to verify the accuracy of the Soldier's DOB with the DOB of record.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his DOB on his DD Form 398 and DD Form 47 as 18 December 1942. The DOB listed on his two DD Forms 214 appear to be typographical errors. Therefore, his two DD Forms 214 for the periods ending 3 August 1966 and 8 August 1969 should be corrected to show his DOB as 18 December 1942.
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 current DOB entries from his DD Forms 214 for the periods ending 3 August 1966 and 8 August 1969 and replacing them with the same 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) AR20120011030
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011030
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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