IN THE CASE OF:	

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110011117 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth (DOB) is  November 19XX.

2.  The applicant states that his DD Form 214 incorrectly reflects his DOB as
 November 19XX.

3.  The applicant provides a copy of his DD Form 214 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. On 11 March 1968, the applicant took his pre-induction physical and indicated that his DOB was  November 19XX.  On 30 April 1968, he enlisted in the Regular Army for a period of 2 years.  At the time of enlistment his contract was prepared to reflect a DOB of  November 19XX.

3.  The applicant completed all of his documents to reflect a DOB of  November 19XX, to include his identification card application.

4.  He completed his basic training at Fort Bragg, North Carolina and his advanced individual training as a supplyman at Fort McClellan, Alabama before being transferred to Vietnam on 5 June 1969.  He served in Vietnam until 5 April 1970 when he was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 11 months, and 6 days of active service.  His DD Form 214 issued at the time of his REFRAD shows his DOB as  November 19XX.

5.  A review of his records shows that he served his entire enlistment using the DOB of  November 19XX.

6.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that only information that is obtained and verified from official records at the time of separation may be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's enlistment contract shows his DOB is  November 19XX, the remaining documents show he served using the DOB of  November 19XX. 

2.  Inasmuch as he has provided a copy of his birth certificate to verify his correct DOB, it is only appropriate that his DD Form 214 be corrected to reflect that his DOB is  November 19XX instead of  November 19XX.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting " NOV XX" from block 9 of his DD Form 214
* adding " NOV XX" to block 9 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20110011117



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011117



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1