IN THE CASE OF:	  

		BOARD DATE:	  13 December 011

		DOCKET NUMBER:  AR011001139 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of item 9 (Date of Birth (DOB)) of his 
DD Form 14 (Armed Forces of the United States Report of Transfer or Discharge).

.  The applicant states:

* His DOB is  July xxxx
* His DOB was mistaken as  February xxxx

3.  The applicant provides a record of birth.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 155(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.

.  The applicant's enlistment contract, dated 5 August 1968, shows he was born on  February xxxx.  He enlisted in the Army National Guard on 5 August 1968 for a period of 6 years.  

3.  He was ordered to active duty for training on 6 October 1968.  

4.  Health and dental records, dated November and December 1968, show his DOB as  July xxxx.

5.  His Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination), dated 1 February 1969, show he was born on  July xxxx.

6.  On 16 March 1969, he was released from active duty and transferred to the Army National Guard to complete his remaining service obligation.

.  Item 9 of his DD Form 14 for the period ending 16 March 1969 shows he was born on  February xxxx.

8.  In support of his claim, he provided a record of birth, filed in July xxxx, which shows he was born on  July xxxx.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on  July xxxx and his record of birth shows he was born on this date. 

.  The preponderance of evidence in this case shows he was born on  July xxxx.  Therefore, it would be appropriate to correct item 9 on his DD Form 14 to show this date as it is listed on his record of birth.

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 the entry in item 9 of his DD Form 14 and adding the DOB as it is listed on his birth record.



      _______ _   _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)                                         AR011001139



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ABCMR Record of Proceedings (cont)                                         AR011001139






ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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