BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110013094 


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 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his date of birth (DOB) as  instead of .

2.  The applicant states the DD Form 214 is incorrect.

3.  The applicant provides his:

* DD Form 214
* birth certificate
* 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.  A Selective Service System (SSS) Form Number 254 (Application for Voluntary Induction) signed by the applicant on 25 August 1965 shows his DOB with the year .

3.  A DD Form 47 (Record of Induction) shows his DOB with the year .

4.  The information completed by the applicant on a Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) for his pre-induction examination shows his DOB with the year .

5.  His DA Form 20 (Enlisted Qualification Record) shows his DOB with the year .

6.  He was released from active duty on 21 September 1967.  Item 9 (Date of Birth) of his DD Form 214 shows his DOB with the year .

7.  The birth certificate from the State of Missouri shows his DOB with the year .  His driver's license shows his DOB with the year .

DISCUSSION AND CONCLUSIONS:

1.  It is clear a typographical error occurred when transcribing his DOB from his SSS Form No. 254 to his DD Form 47.  Other documents in his Military Personnel Records Jacket that require his DOB show his year of birth as .

2.  His birth certificate and driver's license show his DOB with the year .

3.  There is sufficient evidence to show the year shown for his DOB on his DD Form 214 is incorrect.  Therefore, it is appropriate to change his DOB on this document to the date shown on his birth certificate.

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 changing item 9 of his DD Form 214 to reflect his DOB as shown on his birth certificate.



      ___________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)                                         AR20110013094



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ABCMR Record of Proceedings (cont)                                         AR20110013094



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