IN THE CASE OF:	  

		BOARD DATE:	        12 MAY 2009

		DOCKET NUMBER:  AR20090000144 


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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as "03  ."  

2.  The applicant states that his year of birth is incorrect on his DD Form 214 and he has provided a copy of his birth certificate as proof.  He alleges that it should be "03  " and it should not reflect the year 1963 as it is currently shown.  

3.  The applicant provides a copy of his Certificate of Live Birth in support of his application.

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 completed a physical examination on 7 December 1979 and his Standard Form 88 (Report of Medical Examination) shows his DOB as 27  .  

3.  He enlisted in the Regular Army on 31 January 1980.  His DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his DOB as 27  .

4.  His DA Form 2A (Personnel Qualification Record - Part I) shows his DOB as 27  .

5.  The applicant was discharged on 9 August 1983.  Item 5 (DOB) of his DD Form 214 shows the entry "."

6.  The applicant provided a copy of his Certificate of Live Birth issued by the Ohio Department of Health, Division of Vital Statistics.  Item 6 (Date of Birth) of this certificate shows the entry " [Month] 27 [Day]  [Year]."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his year of birth is incorrect on his DD Form 214 and that it should be "03  ."  

2.  Although the applicant states that his DOB should be "03  " on his DD Form 214, his birth certificate and other official documents in his service records reflect his DOB as 27  .  

3.  Therefore, it would be appropriate to amend his DOB on his DD Form 214 from 27  1963 to 27  .

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 5 of the applicant's DD Form 214 the entry "" and replacing it with the entry "620327."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his records to show his DOB as "03  ."



      _________XXX______________
               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)                                         AR20090000144



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ABCMR Record of Proceedings (cont)                                         AR20090000144



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