BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130003006
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 21 December 1945 instead of 21 December 1946.
2. The applicant states his DOB should be corrected to show 21 December 1945.
3. The applicant provides:
* birth certificate
* DD Form 214
* DD Form 215 (Correction to 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 was inducted into the Army of the United States on 17 August 1966. His induction record shows his DOB as 21 December 1945. He served as a light vehicle driver and he was released from active duty on 30 July 1968.
3. Item 9 (DOB) of his DD Form 214 shows his DOB as 21 December 1946.
4. He provides a copy of his birth certificate which shows his DOB as 21 December 1945.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was born on 21 December 1945 and his induction record and birth certificate support this contention. Based on the foregoing, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as 21 December 1945.
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 entry in item 9 of his DD Form 214 and replacing it with the entry "21 DEC 45."
__________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) AR20130003006
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130003006
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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