IN THE CASE OF:	

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090019519 


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 his date of birth (DOB) be changed from 9   to 23  .

2.  The applicant states his DOB was entered into the official records in error.

3.  The applicant provides a copy of his birth certificate 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 evidence of record shows the applicant served in the Army National Guard, the U.S. Army Reserve, and the Regular Army from  1964 to August 1999 and was reassigned to the Retired Reserve on 7 August 1999.

3.  The applicant's service record contains the following documents which show his DOB as 9  :

* Statement of Personal History
* DA Form 20 (Enlisted Qualification Record) 
* DD Forms 4 (Enlistment Record - Armed Forces of the United States)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge, Report of Separation from Active Duty, and Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

4.  The applicant's service record contains the following documents which show his DOB as 23  :

* DD Form 4, dated 5 September 1984
* DD Form 214 for the period ending 19 September 1994
* DD Form 1584 (National Agency Check Request), dated 5 September 1984

5.  The applicant provided a copy of his birth certificate issued on 3 January 1992 which shows his DOB as 23  .

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOB was entered into the official records in error is supported by the evidence of record.

2.  Various documents in the applicant's service record show his DOB both as 9   and 23  .  However, his birth certificate verifies his DOB as 23  .  Therefore, it would be appropriate to correct the applicant's records to show his DOB as 23  .

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 23  .



      _____________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)                                         AR20090019519



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ABCMR Record of Proceedings (cont)                                         AR20090019519



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