IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120000893 


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 Form 214 (Certificate of Release or Discharge from Active Duty) to change his date of birth (DOB) from 
"2  " to "2  ."

2.  The applicant states, in effect, the DOB on his DD Form 214 is incorrect.  He believes the mistake was a typographical error.  He will turn 70 years old on 
9  2012, at which time he will qualify for the Survivor Benefit Plan "paid up status."  If this error is not corrected it will cost him thousands of dollars.

3.  The applicant provides:

* Self-authored statement
* Certificate of Live Birth
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record) 
* 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 enlisted in the Regular Army on 9 August 1961 and subsequently served through several extensions or reenlistments.  He held the military occupational specialties 67Z (Aircraft Maintenance Senior Sergeant) and 91G (Behavioral Science Specialist).  The highest rank/grade he attained while serving on active duty was sergeant first class/E-7.

3.  His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 8 September 1965, which lists his DOB as "2  ."

4.  He was honorably retired on 31 October 1981.  His DD Form 214 lists his DOB as "2  ."

5.  He provided his Certificate of Live Birth which contains a name similar to his and lists his DOB as "2  ."

6.  He provided his DA Form 2A, which lists his DOB as "2  ."

DISCUSSION AND CONCLUSIONS:

Having listed the correct DOB at the time of enlistment and throughout his military service, his DD Form 214 should be corrected to show his DOB as 
"2  ."

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 amending his DD Form 214 for the period ending 31 October 1982 to show his DOB as "2  ."


      _______ _   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)                                         AR20120000893





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000893



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1