BOARD DATE:	  10 April 20

		DOCKET NUMBER:  AR201300651 


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 2 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as " February XXXX" instead of " February XXXX."

2.  The applicant states his correct DOB is " February XXXX."

3.  The applicant provides:

* Birth Certification
* National Personnel Record Center Letter, dated 5 July 2010
* DD Form 2

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 was inducted into the Army of the United States on 23 November 1965.  

   a.  His Federal Bureau of Investigation (FBI) Fingerprint Card and DD Form 47 (Record of Induction) show his DOB as " February XXXX." 

   b.  His DD Form 398 (Statement of Personal History) and his U.S. Army Request for National Agency Check show his DOB as " February XXXX.
 
3.  All documentation in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, containing a DOB fluctuate between  February XXXX" and " February XXXX."

4.  On  December 1967, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years and 22 days of total active service.  His DD Form 2 shows his DOB as " February XXXX.

5.  The applicant provided a copy of his Birth Certification, which was filed on 
10 May 1946, which shows his DOB as " February XXXX."

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 2 and states the DD Form 2 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Although the documents contained in the applicant’s AMHRR show a DOB of either " February XXXX" or " February XXXX" he provides a copy of his Birth Certification, which was filed on 10 May 1946, showing " February XXXX" as his DOB.

3.  The DOB listed on the applicant's Certification of Birth is the same DOB listed on his Statement of Personal History and his U.S. Army Request for National Agency Check  Therefore, his DD Form 2 should be amended to show
" February XXXX" as his DOB.


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 2 to show his DOB as  February XXXX as it is listed on his DD Form 398.



      _______ _  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)                                         AR201300651



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ABCMR Record of Proceedings (cont)                                         AR201300651



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