IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120007291 


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 16 instead of 17  19xx.

2.  The applicant states his DOB is listed incorrectly on his DD Form 214. 

3.  The applicant provides 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.  Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 16  19xx. 
3.  The applicant was inducted into the AUS on 9  1969.  Item 5 (DOB) of his DD Form 47 (Record of Induction) listed his DOB as 17  19xx.  

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 17  19xx.  

5.  He completed various forms, including a DA Form 428 (Application for Identification Card), a statement of personal history, and a report of medical examination that listed his DOB as 16  19xx.

6.  He was honorably released from active duty on 19  1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.  Item 9 (DOB) of this DD Form 214 shows his DOB as 17  19xx.  

DISCUSSION AND CONCLUSIONS:

It appears the applicant's induction record as well as his DA Form 20 incorrectly listed his DOB as 17  19xx.  Yet, the 16  19xx DOB is consistent with the DOB on several official military records throughout his military service   to include a DA Form 428.  Therefore, it would be appropriate to correct his      DD Form 214 to show his DOB as it is listed on his DA Form 428.

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 

amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his DA Form 428.



      _______ _   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)                                         AR20120007291



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ABCMR Record of Proceedings (cont)                                         AR20120007291



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