IN THE CASE OF: BOARD DATE: July 2012 DOCKET NUMBER: AR20120001617 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 "  19" instead of "  19." 2. The applicant states his DOB is wrong on his DD Form 214. 3. The applicant provides his DD Form 214 and Certificate of Birth. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 12(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 (RA) on 6 June 1963 and he held military occupational specialty 31J (Teletype Repairman). 3. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 6 June 1963, lists his DOB as "  19." 4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty shows his DOB as "  19." He authenticated this form by placing his signature in the appropriate block. . A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 July 19, shows his DOB as "  19." 6. His records contain various forms and documents that show his DOB as "  19." 7. A DA Form 348 (Driver Qualification Record), dated 4 February 196, shows his DOB as "  19." 8. He was honorably released from active duty on 28 May 1966 and he transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 23 days of creditable active service. 9. Item 6 (DOB) of his DD Form 214 contains the entry "  19." 10. The applicant provides a Wisconsin Certificate of Birth, dated 1 November 2006, that shows an individual with the same full name as the applicant was born on "  19." DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant listed his DOB as "  19" upon his enlistment in the RA as shown on his DD Form 4. This is the DOB that was used throughout his period of active service. It appears an administrative error occurred during the preparation of his DD Form 214 resulting in his DOB being reflected as "  19," after the date of his enlistment. 2. In view of the foregoing, his DD Form 214 should be corrected as recommended below. 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 from item 6 of his DD Form 214 the current entry and replacing it with the entry "  19," as shown on his Certificate of Birth. ____________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) AR20120001617 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001617 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1