IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120022935
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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as
"XX July XXXX" vice "XX June XXXX."
2. The applicant states the DOB listed on his DD Forms 214 is incorrect. He did not realize the importance of the information placed on these documents when he was a young man.
3. The applicant provides no additional evidence.
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 record contains a DD Form 398 (Statement of Personal History), dated 21 April 1969, wherein he listed his DOB as "XX July XXXX."
3. His DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 22 April 1969, shows his DOB as "XX June XXXX."
4. On 21 December 1969, he was honorably discharged for immediate reenlistment. His DD Form 214 shows his DOB as "XX June XXXX."
5. His record contains a DA Form 428 (Application for Identification Card), dated 5 January 1972, wherein he listed his DOB as "XX July XXX."
6. His record contains a Standard Form (SF) 88 (Report of Medical Examination), dated 14 December 1972, which shows his DOB as "XX July XXXX."
7. His DA Form 20 (Enlisted Qualification Record) shows his DOB as "XX June XXXX."
8. He was honorably released from active duty on 10 January 1973. His
DD Form 214 shows his DOB as "XX June XX."
DISCUSSION AND CONCLUSIONS:
The applicant's DOB is listed correctly on his DD Form 398, DA Form 428, and SF 600. Therefore, he is entitled to correction of his DD Forms 214 for the periods ending on 21 December 1969 and 10 January 1973 to show his DOB as "XX July XXXX."
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 current DOB entries from his DD Forms 214 for the periods ending on 21 December 1969 and 10 January 1973 and replacing those entries with the DOB as shown on his DD Form 398.
_______ _ __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) AR20120022935
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ABCMR Record of Proceedings (cont) AR20120022935
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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