BOARD DATE:	  17 January 2012 

		DOCKET NUMBER:  AR20110012722 


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 date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty).

2.  He states his DD Form 214 shows his DOB as  March , but his correct DOB is  March .

3.  He provides copies of his DD Form 214, birth certificate, and driver's license.

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  November 1973.

3.  Item 21 (DOB) of the DD Form 4 (Enlistment Contract – Armed Forces of the United States) completed during his enlistment processing shows his DOB was entered as  March .  A DD Form 373 (Consent, Declaration of Parent or Legal Guardian) shows his parents consented to his enlistment and certified his DOB as  March .

4.  Item 52 (DOB) of his DA Form 2 (Personnel Qualification Record) shows his DOB as  March .

5.  He was honorably released from active duty on 24 November 1976.  Item 4 (DOB) of the DD Form 214 issued at that time shows his DOB as  March .

6.  He provides a birth certificate and driver's license showing his DOB as  March  .

DISCUSSION AND CONCLUSIONS:

The record shows the applicant's DOB was correctly recorded as  March  when he entered military service, but an error was made when the DOB was entered on his DD Form 214.  He is entitled to correction of his DD Form 214 to show his DOB as  March .

BOARD VOTE:

___X__  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 "56  03  " from item 4 of his DD Form 214 and adding "56  03  ."



      ___________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)                                         AR20110012722



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ABCMR Record of Proceedings (cont)                                         AR20110012722



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