IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013487


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  January  instead of  November .  

2.  He states his DD Form 214 reflects his DOB as  November , but this is actually his date of induction and not his DOB.  

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

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’s military records were requested from the U.S. National Archives and Records Administration; however, no records were available.  This case is being considered using the documents provided by the applicant.  

3.  His DD Form 214 shows the following:

* he was inducted into the Army of the United States on  November 
* he was released from active duty on 8 November 1956 after completing 1 year, 11 months, and 13 days of active military service
* his DOB as  November 

4.  He provided a copy of his driver's license and birth certificate which both show his DOB as  January .

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 reflects his DOB as  November  which is actually his date of induction is acknowledged and determined to have merit.  

2.  His birth certificate and driver's license both show his DOB as  January .  These documents are accepted as sufficient evidence on which to base correction of his DD Form 214 to show his DOB as  January .  

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 " NOV 54" from item 6 of his DD Form 214 and adding the entry " JAN 35."




      _______ _   _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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20110013487



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