IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110016011 


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 that his date of birth on his DD Form 214 (Report of Transfer or Discharge) be corrected.

2.  The applicant states there is a typographical error in the recording of his date of birth on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, a birth certificate, a Department of Veterans Affairs file number card, a Social Security Card, his driver's license, and his identification (dog) tags.

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 was inducted on 22 January 1969 and served on active duty from 22 January 1969 through 3 January 1971.  He received an honorable discharge upon completion of his period of obligated Reserve service effective 1 January 1975.

3.  All documents in the applicant's official record except his DD Form 214 show his date of birth as 31 October, as recorded on his birth certificate.  The DD Form 214 shows a date of birth of 21 October.

DISCUSSION AND CONCLUSIONS:

1.  In as much as the DD Form 214 is the only document with the 31 October date it is reasonable to assume that this is a typographical error that warrants correction.

2.  Therefore, it is appropriate to correct the applicant's DD Form 214 to show a date of birth as recorded 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 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 correcting the applicant's DD Form 214 to show a date of birth as recorded 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)                                         AR20110016011





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ABCMR Record of Proceedings (cont)                                         AR20110016011



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