IN THE CASE OF: BOARD DATE: 1 July 20 DOCKET NUMBER: AR2010020177 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) in item 9 (Date of Birth) as   * date of induction in item 10c (Date Inducted) as  September 19 2. The applicant states these dates are incorrectly shown on his DD Form 2. He is trying to obtain benefits from the Department of Veterans Affairs (VA). . The applicant provides: * Certificate of Live Birth * Birth Registration Card * DD Form 2 * email correspondence from a Veterans Healthcare Administration Legal Administration Specialist CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within  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 -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 record contains: a. a DD Form 47 (Record of Induction) which shows he was inducted into the Army of the United States (AUS) on  September 19. This form also shows his DOB as  . b. a U.S. Army Recruiting Command Form 180-R (Acknowledgment of Service Obligation (6-Year Acknowledgment)) which shows he was inducted into the AUS on  September 19. c. a DA Form 41 (Record of Emergency Data) which shows his DOB as   and his date of induction as  September 19. . The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Stand-By) on 20 May 1970. The DD Form 2 issued to him at the time shows the following pertinent data in: a. item 9, the entry " Sep ," indicating that his DOB was  September 19. b. item 10c, the entry "NA," indicating that his date of induction was not available. c. item 17c (Current Active Service Other Than by Induction), the entry "NA," indicating that his date of entry was not available. d. item 22a (Creditable for Basic Pay Purposes - Net Service this Period), the entry "0 8 18," indicating that he completed 8 months and 18 days of active duty service during the period covered by this DD Form 2. 5. Army Regulation 65-5 (Personnel Separations), in effect at the time establishes standardized procedures for preparation and distribution of the DD Form 2. This regulation states that the DD Form 2 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation required the preparer to enter the separating Soldier's DOB in item 9 and their date of induction (if inducted) in item 10c. DISCUSSION AND CONCLUSIONS: Evidence clearly shows administrative errors resulted in the incorrect DOB being entered on his DD Form 2 and his date of induction being omitted from the form. Therefore, he is entitled to correction of his DD Form 2 to correctly show his DOB as   and his date of induction as  September 19. 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 showing his DOB as   and his date of induction as  September 19. ____________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) AR2010020177 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR2010020177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1