IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013440 


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 that his 17 September 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth as 31 October 1946 vice 3 October 1947.

2.  The applicant states that he discovered the error while applying for Department of Veterans Affairs health benefits.

3.  The applicant provides a copy of his DD Form 214 and birth certificate.

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 and entered active duty on 21 September 1967.  His date of birth on his record of induction is listed as 3 October 1947.  The applicant was honorably released from active duty on 17 September 1969.

3.  The applicant's date of birth on his 17 September 1969 DD Form 214 is listed as 3 October 1947.

4.  The applicant's birth record certified on 10 December 1981 lists his date of birth as 31 October 1946.

5.  Numerous documents contained in the applicant's record, such as his DA Form 20 (Enlisted Qualification Record), DD Form 1584 (National Agency Check Request), and Standard Form 88 (Report of Medical Examination), show his date of birth as 31 October 1946.

6.  Army Regulation 601-210 (Regular Army Enlistment Program), in effect at the time, provided, in pertinent part, that the age of all applicants will be verified from evidence submitted or from official records.  Applicants will be required to present birth certificates or statements from the State Registrar of Vital Statistics or other similar State official, or must have such information recorded in an official record.

DISCUSSION AND CONCLUSIONS:

It appears that an error was made on the applicant's record of induction since all the other documents contained in his record lists his date of birth as 31 October 1946.  Additionally, the applicant's birth certificate verifies his date of birth as 31 October 1946.  Therefore, the applicant's 17 September 1969 DD Form 214 should be corrected to show his date of birth as 31 October 1946 instead of 3 October 1947.

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 17 September 1969 DD Form 214 to show his date of birth as 31 October 1946.



      ____________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)                                         AR20090013440



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ABCMR Record of Proceedings (cont)                                         AR20090013440



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