IN THE CASE OF:	

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130019740 


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 entry entered in block 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states the DOB on his DD Form 214 is incorrect and it should read 
 October  vice  October .

3.  He provides his birth certificate and 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.  On 5 October 1967, the applicant was inducted into the Army of the United States.  Block 5 (DOB) of the DD Form 47 (Record of Induction) completed at that time shows his DOB as  October .

3.  Review of his records shows his year of birth was consistently recorded as .

4.  On 10 July 1969, he was honorably released from active duty.  Block 9 of his DD Form 214 shows his DOB as  October .

5.  He provides a birth certificate showing he was born on  October .  

DISCUSSION AND CONCLUSIONS:

The evidence of record clearly shows an error in the DOB entered on the applicant's DD Form 214.  It would be appropriate to correct this document to show his DOB as  October .

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 current entry from block 9 of 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)                                         AR20130019740





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ABCMR Record of Proceedings (cont)                                         AR20130019740



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