IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110016633 


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  December  instead of  December .

2.  The applicant states his DD Form 214 shows he was born in  which is incorrect.

3.  The applicant provides his DD Form 214, Certificate of Birth, social security card, and Wisconsin Driver 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 was inducted into the Army of the United States on 13 February 1968.

3.  His official military personnel file (OMPF) contains the following documents that show his DOB as  December :

* Standard Form 89 (Report of Medical History), dated 8 September 1967
* DD Form 47 (Record of Induction), dated 21 August 1967
* DA Form 20 (Enlisted Qualification Record), prepared upon his entry on active duty
* DA Form 428 (Application for Identification Card), dated 16 February 1968

4.  His OMPF also contains the following documents that show his DOB as  December :

* DD Form 398 (Statement of Personal History)
* DD Form 1584 (National Agency Check Request)

5.  On 17 September 1969, he was honorably released from active duty.  Item 9 (DOB) of his DD Form 214 shows his DOB as  December .

6.  He provided copies of his Certificate of Birth and Wisconsin Driver License that show his DOB as  December .

7.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his DOB as  December  has been carefully considered.

2.  Although his OMPF contains a few documents listing the year of his birth as , his DD Form 47 and birth certificate show his DOB as  December . Therefore, it would be appropriate at this time to correct item 9 of his DD Form 214 to show his DOB as  December .

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 from item 9 of his DD Form 214 the current entry and replacing it with the entry  December .



      __________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)                                         AR20110016633



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ABCMR Record of Proceedings (cont)                                         AR20110016633



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