IN THE CASE OF: BOARD DATE: 7 April 2011 DOCKET NUMBER: AR20100024283 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 (Report of Separation from Active Duty) for the period ending 12 September 1977 to show his date of birth (DOB) as January instead of June . 2. He states he was born on January . 3. He provides a copy of his birth registration card. 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 enlisted in the Regular Army on 11 June 1969 and he was discharged on 8 December 1971 for immediate reenlistment. His DD Form 2 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows his DOB as January . 3. On 9 December 1971, the applicant reenlisted and was discharged on 29 June 1972 for immediate reenlistment. His DD Form 2, Item 9 (DOB), shows June . 4. On 30 June 1972, he reenlisted and continued to serve until he was discharged on 12 September 1977. His DD Form 2, Item 4 (DOB), shows June . 5. The remaining documents in his service record show his DOB as January . 6. He provided a birth registration card which shows his birth date as January . DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he was born on January is acknowledged and supported by the evidence of record. 2. His birth registration card and documents in his service record show his DOB as January . However, his DD Forms 2 for the periods ending 29 June 1972 and 12 September 1977 show his DOB as June . 3. Therefore, it would be appropriate to correct his DOB on his DD Forms 2 for the periods ending 29 June 1972 and 12 September 1977 to show his correct DOB as January . 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: a. deleting the entry “ Jun 50” from item 9 of his DD Form 2 for the period ending 29 June 1972 and adding “ Jan 50”; and b. deleting the entry “50 6 ” from item 4 of his DD Form 2 for the period ending 12 September 1977 and adding “50 1 .” ___________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) AR20100024283 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024283 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1