IN THE CASE OF:	  

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120007199 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), to show his date of birth (DOB) as " January " instead of " February ."

2.  The applicant states the DOB listed on the FSM's DD Form 214 is incorrect.

3.  The applicant provides:

* email from the U.S. Postal Service, dated 16 September 2010
* certificate of death, dated 7 February 2012
* license and certificate of marriage, dated 26 May 1971
* birth certificate, dated  January 
* letter to the U.S. Postal Service, dated 6 April 2012

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.  After having prior enlisted service, the FSM reenlisted in the Regular Army on 20 July 1969 for a period of 3 years.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his DOB as " February ."  This form further indicates he was honorably discharged on 19 July 1969.

3.  His record contains a DD Form 398 (Statement of Personal History), dated 18 February 1970, wherein he stated his DOB was " January ."

4.  On 14 July 1972, he reenlisted in the Regular Army for a period of 6 years.  His DD Form 4 shows his DOB as " February ."  This form further indicates he was honorably discharged on 13 July 1972.

5.  His record contains a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 19 July 1972, wherein his DOB is listed as " January ."

6.  On 22 May 1978, he reenlisted in the Regular Army.  He was honorably retired on 30 November 1983.  The DD Form 214 he was issued at the time shows his DOB as " February ."

7.  The applicant provided copies of the FSM's birth certificate and certificate of death.  Both documents list a variation of the FSM's name and show his DOB as " January ."

DISCUSSION AND CONCLUSIONS:

Having listed his correct DOB on his DD Form 398 and DA Form 873, his DD Form 214 should be corrected to show his DOB as " January ."

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 FSM be corrected by deleting the current DOB entry from his DD Form 214 and replacing it with the DOB as shown on his birth certificate.



      _____________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)                                         AR20120007199



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ABCMR Record of Proceedings (cont)                                         AR20120007199



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