IN THE CASE OF:
BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120019704
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB).
2. The applicant states a typing error caused his DOB to be incorrectly listed.
3. The applicant provides a copy of a Certificate of Live 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 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's military record contains a DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only), dated 11 May
1966, that shows the Bureau of Vital Statistics, Nashville, TN was asked to verify the applicant's DOB. On 13 May 1966, the State Registrar verified the applicant's DOB was "24 January 1949."
3. On 24 May 1966, the applicant enlisted in the Regular Army. He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).
4. The applicant's military record lists his DOB as "24 January 1949" or
"24 January 1948" on various documents.
5. On 23 May 1969, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist five (SP5)/E-5. He completed 3 years of creditable active duty service. Item 9 (DOB) of his
DD Form 214 lists his DOB as "24 Jan 48."
6. He provided a copy of his Certification of Birth, issued on 14 April 1971, that shows his DOB as 24 January 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention his DOB incorrectly documented in his military record was carefully considered and was found to have merit.
2. The evidence of record shows the applicant's DOB was verified during his enlistment processing as 24 January 1949. His military record also contains official documents that list his DOB as 24 January 1949.
3. Although the applicant's DOB is listed differently on multiple official documents as 24 January 1949 or 24 January 1948, he provided his Certificate of Live Birth that confirms his DOB as 24 January 1949. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as recorded 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 deleting from item 9 of his DD Form 214 the current entry and replacing it with the entry "24 January 1949."
___________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) AR20120019704
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ABCMR Record of Proceedings (cont) AR20120019704
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