IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021651
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 the month of his birth as July.
2. The applicant states his date of birth is incorrect on his DD Form 214. It shows the month of January instead of July.
3. The applicant provides copies of:
* DD Form 214
* NA Form 13046 (National Archives and Records Administration Response to Request for Separation Documents/Information), dated 13 October 1994
* Certification of Birth, issued 11 May 1964
* DA Form 20 (Enlisted Qualification Record)
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 records contain the following documents, each of which show his date of birth as 21 July 1949:
* DA Form 428 (Application for Identification Card)
* DD Form 398 (Statement of Personal History)
* DA Form 20
3. The applicant's DD Form 214 shows his date of birth as 21 January 1949.
4. The Certification of Birth, issued 11 May 1964, as provided by the applicant shows his date of birth as 21 July 1949.
5. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's date of birth in Item 9 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his month of birth as July.
2. The evidence of record clearly shows that the applicant enlisted using a date of birth of 21 July 1949 and that this date was used throughout his active duty service.
3. However, his DD Form 214 was issued showing his date of birth as
21 January 1949. Therefore, this form should be corrected.
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 showing in Item 9 of his DD Form 214 a date of birth of 21 July 1949, 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) AR20120021651
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021651
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