IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100028809 


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 birth date as 
31 October 1948 instead of 10 October 1948.  

2.  He states his actual date of birth is 31 October 1948.  

3.  He provides a copy of his 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 20 January 1969.  

3.  His service record includes various documents which show his date of birth as 
31 October 1948, such as his:

* DD Form 47 (Record of Induction)
* DD Form 1584 (National Agency Check Request)
* DA Form 20 (Enlisted Qualification Record)

4.  He was released from active duty on 8 December 1970.  Item 9 (Date of Birth) on his DD Form 214 shows his date of birth as 10 October 1948.

DISCUSSION AND CONCLUSIONS:

1.  A review of the documents in the applicant's service record shows his date of birth consistently appears as 31 October 1948.  However, his DD Form 214 reflects his date of birth as 10 October 1948.  

2.  It is apparent that a clerical error resulted in the incorrect date of birth being entered on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to properly show his date of birth as 31 October 1948.

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 entry "10 OCT 48" from item 9 of his DD Form 214 and adding the entry "31 OCT 48."



      _______ _  __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)                                         AR20100028809



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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