IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013305 


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 his date of birth (DOB) as 28   [sic] () instead of 29  . 

2.  The applicant states his birth certificate shows his DOB as 28  .

3.  The applicant provides his DD Forms 214, a birth registration certificate, and a certificate of birth

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 28  .  He authenticated this form by placing his signature in the appropriate block.

3.  His records show he was inducted into the AUS on 12 January 1968.  Item 6 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 28  .

4.  His contemporaneous DA Form 20 (Enlisted Qualification Record) which was created upon his induction listed his DOB as 28  .  He reviewed this form at a later date and placed his signature in the appropriate block.

5.  His official records contain various documents, including Reports of Medical Examinations, Certificate of Clearance and/or Security Determination, a record of emergency data, application for identification card, and multiple medical documents listing his DOB as 28  .  He authenticated some of these documents by placing his signature where necessary.

6.  He was honorably released from active duty on 15 November 1969.  Item 9 (DOB) of his DD Form 214 lists his DOB as 29  .  He authenticated this form by placing his signature in the appropriate block.

7.  He submitted a birth registration certificate as well as a certificate of birth, both of which listed his DOB as 28  .

DISCUSSION AND CONCLUSIONS:

The applicant listed his DOB as 28   upon his induction into the AUS.  He consistently used this DOB throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct DOB.  It appears his DD Form 214 inadvertently listed his DOB as 29   instead of 28  .  He should be entitled to correction of his DD Form 214 to show the correct DOB.

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 from item 9 of his DD Form 214 the 29   DOB and adding the correct DOB as 28  .



      _______ _   _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)                                         AR20110013305



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ABCMR Record of Proceedings (cont)                                         AR20110013305



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