IN THE CASE OF:	  

		BOARD DATE:	  22  2010

		DOCKET NUMBER:  AR2009001779


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 Item 5 (Date of Birth [DOB]) of his
DD Form 21 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DOB is 013, not 013.

3.  The applicant provides a copy of his DD Form 21, his Social Security Card, his Wisconsin Drivers License, and his 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 born on 13  .

3.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 July for 8 years.  He was discharged from the USAR DEP on 27 July 1986 and he enlisted in the Regular Army for 3 years on 28 July 1986.  His DD Form /1 (Enlistment/Reenlistment Document) shows his DOB as
13  .

.  When the applicant reenlisted on 30 June 1992, his DD Form /1 incorrectly listed his DOB as 13  .  When he was honorably released from active duty on 25 October 1993 this error carried forward to Item 5 of his DD Form 21.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DOB on his DD Form 21.

2.  The applicant's initial enlistment document reflects his DOB as 13  , which he claims is correct.  For reasons unknown, when he reenlisted on          30 June 1992 his enlistment document reflected his DOB as 13  .  This error carried over to his DD Form 21 for the period ending 25 October 1993.

3.  in view of the evidence of record and the documents provided by the applicant, Item 5 of his DD Form 21 should be corrected to reflect his correct DOB.

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 from Item 5 of his DD Form 21 the entry "013" and replacing it with the entry "013."



      ___________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)                                         AR2009001779



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ABCMR Record of Proceedings (cont)                                         AR2009001779



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