IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130012733 


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 14   instead of 7  .

2.  The applicant states his DOB is incorrect and it should be 14  .

3.  The applicant provides:

* Birth certificate
* Social security card
* 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's DD Form 398 (Statement of Personal History), dated 
13 October 1966, shows his DOB as 14  .

3.  He enlisted in the Regular Army on 24 October 1966.  He served as an aircraft repair parts specialist in Vietnam and he was released from active duty on 23 October 1969.

4.  Item 9 (DOB) of his DD Form 214 shows his DOB as 7  .

5.  He provides a copy of his birth certificate which shows his DOB as 
14  .

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on 14  xxxx and his DD Form 398 and birth certificate support this contention.  Based on the foregoing, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as 
14  .
 
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 in item 9 of his DD Form 214 and replacing it with the entry 
"14 Nov 47."



      _______ _   _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)                                         AR20130012733



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ABCMR Record of Proceedings (cont)                                         AR20130012733



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