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ARMY | BCMR | CY2013 | 20130005642
Original file (20130005642.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  5 November 2013

		DOCKET NUMBER:  AR20130005642 


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 the date of rank and date of birth listed on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states a clerical error resulted in both dates being wrong. 

3.  The applicant provides a copy of his DD Form 214 and of his birth certificate which shows his date of birth as 4 January 1947.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

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 on 23 May 1966, completed training as a radio operator, and served at Fort Lewis, Washington and in Vietnam.  He listed 4 January 1947 as his date of birth on his DD Form 398 (Statement of Personal History.  Except for the DD Form 214, that date of birth was used consistently throughout his record.

3.  He was advanced to specialist four (SP4) with a date of rank of 23 May 1967 and was released from active duty on 11 May 1968 in that pay grade..

4.  His DD Form 214 shows both his date of rank and date of birth as 23 May 1968.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 should be corrected to show his date of rank as 23 May 1967 and his date of birth as 4 January 1947.

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 changing his DD Form 214 to show his date of rank as an SP4 as 23 May 1967 and his date of birth as 4 January 1947.




      _______ _   _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)                                         AR20130005642





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130005642



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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