IN THE CASE OF: 

		BOARD DATE:	       6 May 2014

		DOCKET NUMBER:  AR20130016276 


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 1978 DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 29  .

2.  The applicant states his DD Form 214 erroneously shows his DOB as 9  .  He believes he needs a correct DD Form 214 to obtain veteran's benefits.

3.  The applicant provides a copy of his birth certificate showing a DOB of 29  .

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 on 4 June 1970.  His DD Form 47 (Record of Induction) shows his DOB as 29  .

3.  When he enlisted in the Regular Army on 19 June 1973, his DD Form 4 (Enlistment Contract – Armed Forces of the United States) showed a DOB of 9  .  That date appears on his second 1978 DD Form 214. 

4.  He provided a birth certificate showing a DOB of 29  .

DISCUSSION AND CONCLUSIONS:

The DOB of 9   shown on his 1978 DD Form 214 is in error.  The applicant's correct DOB of 29   is shown on his DD Form 47.  

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 changing his 1978 DD Form 214 to show his DOB as 29  .



      _______ _  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)                                         AR20130015812





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ABCMR Record of Proceedings (cont)                                         AR20130016276



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